Hamilton v. Town of Harwood
Citations
- 113 Ill. 154
- 1885 Ill. LEXIS 679
Syllabus
<p>Cebtiobabi at common law—of the office of the writ. A common law writ of certiorari can not be employed as a substitute for an appeal or writ of error, to enable an appellate court to review the rulings of the inferior court upon the law and the evidence in the progress of the trial, and in the application of the law to the facts. The only office of the writ is to bring before the court awarding it, the record of the proceedings of the inferior , tribunal, and the judgment must be either that the writ be quashed and a procedendo awarded, or that the record of the proceeding be quashed for want of jurisdiction,' or for illegality in the mode of procedure.</p>
Judges: Scholfield
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