Comrs. of Mason v. Griffin

Citations

• 134 Ill. 330

Syllabus

<p>1. Jubisdiction—of the person—appearance—waiver. If there be no sufficient service of process on a petition for a common law writ of certiorari, the appearance of the defendant without making objection is a waiver of all defects of jurisdiction of his person, and the objection comes too late on motion in arrest of judgment.</p> <p>2. Same—defendant sued out of his own county—matter of jurisdiction to be pleaded. Section 2 of the Practice act, which makes it unlawful for any plaintiff in a transitory action to sue any defendant out of the County where the latter resides or may be found, gives the defendant a privilege, merely, of being sued in the county where he resides or may be found, to avail of which he must do so in apt time, by plea to the jurisdiction, or he will be deemed to have waived it.</p> <p>3. Same—drainage district—residence—for the purposes of suit. A drainage or quasi municipal corporation having within its boundaries territory in two counties, must be deemed to be existing and located, for all purposes of jurisdiction, in every part of its territory; and the same is true of its corporate authorities, so that an action, even if local, may be brought against the corporation in either county.</p> <p>4. Oebtiobabi—as a common law remedy—in force in this State. The common law remedy of certiorari is adopted and in force in this State, and any court exercising general common law jurisdiction has, unless expressly forbidden to do so by statute, an inherent authority to issue the writ.</p> <p>5. Same—not a'writ of 'right. The-common law writ of certiorari is not a writ of right, but issues only upon proper application and proper cause shown. ■</p> <p>6. Same—when the writ may issue. The writ of certiorari may be awarded-to all .inferior tribunals and jurisdictions, where it appears that they have exceeded the limits of their jurisdictions, or in cases where they have proceeded illegally, and no appeal is allowed, and no other mode is provided for revie