Allyn v. Commissioners of Highways
New York Supreme Court
This was a certiorari directed to three judges of the court of common pleas of the county of Rensselaer, to bring up proceedings had before them on an appeal from an order of the commissioners of highways of the town of Schodack declaring a certain road to have become a public highway by use, laying out the same accordingly, and directing it to be recorded ; which order’ was affirmed by the judges.
1Opinion of the Court
By the Court,
Bronson, 3.
If we can upon this common law writ of certiorari go beyond the question oí jurisdiction in the judges and commissioners, and review questions of law, it is certain that we cannot review questions of fact.
*343Whether this highway had been used for more than 20 years-whether as a public or a private road-and whether the road was required for the accommodation of the public, are all mere questions of fact, which have been passed upon by the judges and commissioners; and if they have erred~ the
We must be governed by the return as amended, and not by the other papers which…
2Cited by8 opinions
- Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
- Scofield Rolling Mill Co. v. StateSupreme Court of Georgia · 1875
- People ex rel. Van Rensselaer v. Van AlstyneNew York Supreme Court · 1860
- Ex parte Mayor of AlbanyNew York Supreme Court · 1840
- People ex rel. Akin v. MorganNew York Supreme Court · 1873
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