Hyslop v. Finch

Citations

• 99 Ill. 171
• 1881 Ill. LEXIS 162

Syllabus

<p>1. Appeal — when it lies from Appellate Court. An appeal lies from the final judgment of the Appellate Court to this court, in a common law proceeding by certiorari, without any certificate of questions of law, and without regard to the magnitude of the interests involved, there being no property rights directly involved.</p> <p>2. Certiorari — at common law — token it will lie. There are two classes of cases in which a common law certiorari will lie: first, where it is shown that the inferior court or jurisdiction has exceeded its jurisdiction; and, second, where it is shown that the inferior court or jurisdiction has proceeded illegally, and no appeal or writ of error will lie.</p> <p>3. Same — office of tke writ. The common law writ of certiorari simply brings before the court, for inspection, the record of the inferior tribunal or body, and its judgment affects the validity of the record alone, — that is, determines that it is valid or invalid.</p> <p>4. Same — evidence considered as to allowance of writ. It being within the discretion of the court to grant or refuse the writ, extrinsic evidence to the record may be received to show that no injustice has been done, — that if the proceedings shall be quashed the parties can not be placed in statu quo, or that for any good reason the writ ought not to be granted. If such evidence is given by the respondent, the petitioner will have the right to rebut it. But when the record is before the court on the return of the writ, the court will look only at the record.</p> <p>5. Same — laches, when a bar. Mere lapse of time, short of the limitation for prosecuting a writ of error, will not bar the issuing of the common law certiorari; and in order that it may be barred by laches, it must appear that since the making of the record sought to be reviewed, and upon its assumed validity, something has been done so that great public detriment or inconvenience might result from declaring it invalid.</p> <p>6. On the 20th of Aug