Whittaker v. Village of Venice

Citations

• 150 Ill. 195
• 37 N.E. 240

Syllabus

<p>1. Certiorari — object of the writ — trial by the record alone. The object of the common law writ of certiorari is to bring up the record of a proceeding from an inferior to a superior tribunal. When the return is made the superior tribunal tries the case, not upon the allegations of the petition, nor upon any issue of fact, but by the record alone, and upon the inspection thereof. It is the duty of the court to-determine whether the inferior court had jurisdiction, and whether it exceeded its jurisdiction, or otherwise proceeded in violation of law.</p> <p>2. Same — •what may be reviewed. The act of an inferior tribunal which can be reviewed on certiorari by a superior tribunal, must be judicial or quasi judicial in its character. The act to be reviewed must not be legislative or ministerial.</p> <p>3. The action of the board of trustees in annexing territory to a village under section 1 of “An act to provide for annexing and excluding territory to and from cities, towns and villages, and to unite cities, towns and villages,” approved April 10,1872, is not such judicial action as will authorize a review of the proceeding by certiorari.</p> <p>4. Upon the return of the record the court has no power to form and try an issue of fact in regard to the jurisdiction of the inferior tribunal, nor to review the testimony heard below, nor to inquire into the correctness of the decision on that testimony. The trial is confined to the record, and extrinsic evidence is inadmissible.</p> <p>5. Cities and villages — annexation of territory — a question of policy. Whether the boundaries of a city or village should be enlarged or contracted by the annexation or detaching of territory is not a question of law or fact for judicial determination, but purely a question of policy, to be determined by the legislative department.</p> <p>6. Same — conditions to annexation of territory. The conditions on which territory may be annexed to a village are: A petition in writing therefor, sig