Rash v. Allen

Citations

• 24 Del. 444
• 1 Boyce 444
• 76 A. 370
• 1910 Del. LEXIS 51

Syllabus

<p>Certiorari—Nature of the Writ—Authority of Superior Court to Issue—May be Directed to Inferior Courts and Tribunals— Purpose of the Writ—Contested Election—Hearing by City Council—Jurisdiction—Meaning of the Words, “Final and Conclusive”—Construction—Language Used—Passage of Bills—Constitutional Provision Respecting Passage of Bills ; • Mandatory—Failure of Journals to show Compliance—Bill “Passed”—Journals as Evidence—Validity of Enactment—Review of Void Judgments on Certiorari.</p> <p>1. The writ of certiorari as known in this State was a common law writ, issued from a Superior Court, directed to one of inferior jurisdiction, commanding the latter to certify and return to the former the record in the particular case.</p> <p>2. The authority of the Superior Court to issue the writ of certiorari is both constitutional and statutory; and the said Court has the authority to issue the writ, in any case in which it was proper at common law. (Sec. 7, Chap. 92, Rev. Code 698; Art. 5, Sec. 3, Cons’t. (1831); Sec. 15 Hall’s Dig. 182, also Secs. 2 and 3, ibid 104; and Art. 4, Sec. 7, Cons’t. (1897).</p> <p>3. The Superior Court has authority to issue a writ of certiorari to The Council of the City of Wilmington for the purpose of ascertaining whether The Council had jurisdiction to hear and determine a contested election case heard by it under, Sec. 27, Chap. 727, Vol. 19.</p> <p>4. The Superior Court will, when an appeal, or some specific mode of review is not given, examine, on certiorari, the proceedings of municipal corporations, though there be no statute giving this remedy; and will reverse or annul the proceedings, if it be found that they have exceeded, or not pursued, or not conformed to the requirements of their charter powers.</p> <p>(Murphy vs. City of Wilmington, 6 Houst. 108; but Reed vs. Hidman, 4 Harr. 478, was held to be inapplicable.)</p> <p>5. Under Sec. 27, Chap. 727, Vol. 19, providing for city elections in Wilmington, the City Council is clothed with