Hyperlawhypertext legal database Commissioners of Highways v. Judges of the Orange County Courts 9 Wend. 434

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Commissioners of Highways v. Judges of the Orange County Courts

9 Wend. 434 Court N.Y. Sup. Ct. English

Contents

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p. 434
Commissioners of Highways of Warwick vs. The Judges of the Orange County Courts.
ALBANY,
Aug. 1832.

Headnote

On a motion for a certiorari in open court, the party, against whom the proceeding is had, is not allowed to controvert the allegations of the party applying ; he is at liberty only to present such questions of law as in this stage of the proceeding properly arise.

On a motion for a certiorari to the judges of Orange to bring up an adjudication relative to a road, it was decided that the allegations in the affidavit, on which the application was founded, could not be controverted by the party in whose favor the decision was made ; that he could only be heard on such questions of law as in this stage of the proceedings were proper to be presented to the consideration of the court,