Deer v. Commissioners of Highways

Citations

• 109 Ill. 379

Syllabus

<p>1. Highway—right of commissioners to change' road from that petitioned for. While the commissioners of highways, by the statute, may “make such changes between the termini of the road specified in the petition, as the convenience and interest of the public, in their judgment, may require, ” yet they have no right to change either terminus of the road, and if they do so, the proceeding will be quashed on certiorari.</p> <p>2. Certiorari—office of writ at common law. It is not the office of a common law writ of certiorari to afford the complaining party an opportunity of having his case re-tried, but the object of the writ is to have the proceeding in the inferior tribunal quashed and annulled altogether.</p> <p>3. Same—hearing is confined to the record. The hearing on a common law writ of certiorari consists simply of an inspection by the court of the record brought before it, for the sole purpose of determining whether the inferior tribunal has proceeded irregularly or exceeded its jurisdiction. It is not proper to receive ex parte affidavits to show that a road has, in fact, been located over another and different route than the one shown by the order laying out the same.</p>