Trustees of Schools of Town 21 N., Range 5 W. v. School Directors of Union District

Citations

• 88 Ill. 100

Syllabus

<p>1. Certiorari—not a writ of right. The common law writ of certiorari, , used for the purpose of correcting the proceedings of inferior tribunals, is not a writ of right, but it issues only upon application to the court upon special cause shown; and when great public detriment or inconvenience may result from interfering with their proceedings, the writ should be denied.</p> <p>2. Same—not allowed after unreasonable delay. ■ A writ of certiorari, to review the action of trustees of schools in detaching territory from a school district and adding it. to another, ought not to be granted after the lapse of three years, and if granted should be quashed for laches in presenting the petition.</p> <p>3. Same—discretion to grant writ. The discretion in the circuit court to grant the writ of certiorari will not extend to a case where, by law, it clearly ought not to be granted. The discretion is not an arbitrary one, but one to be exercised in subordination to legal principles, and when not, its exercise may be reviewed in this court.</p> <p>4. Appeal—when it lies to this court. The right of appeal from the circuit court to this court is given by statute from all final judgments. It lies from the final judgment of the circuit court on a certiorari at common law.</p>