Wright v. Highway Commissioners

Citations

• 150 Ill. 138
• 36 N.E. 980

Syllabus

<p>1. Cektiobariat common law — when the writ lies. Proceedings of an inferior tribunal can not be brought before the circuit court for review upon writ of certiorari when this right of review exists upon appeal, and if a writ be improvidently issued in such case it should be dismissed.</p> <p>2. While, by the adoption of the common law, we have adopted the common law remedy by certiorari, the law is, that such writ will lie only where no appeal or other mode of directly reviewing the proceeding of the inferior tribunal is provided by law.</p> <p>3. Highways — power of supervisors, on appeal. Any person interested in the decision of the commissioners of highways in laying out or refusing to lay out a highway, or in the verdict of the jury in assessing the damages, is given the right to an appeal to three supervisors, before whom the trial is to be de novo. This applies to appeals from the order of commissioners of highways in and about the laying out of roads for private and public use, under the provisions of section 54, chapter 121, of the Kevised Statutes.</p>