People ex rel. Simonds v. Ryken
New York Supreme Court
Motion either to strike out part of a return, made by a justice of the peace to a writ of certiorari, or to refer it to a referee to ascertain its truth. The motion was made upon affidavits tending to show that the return was in some respects untrue.
1Per curiam
Upon affidavits showing that the return of the justice is in several respects untrue, the respondent asks that such parts be stricken out, or that the court direct a reference to ascertain and report the facts occurring in the proceedings before the justice. Upon a common law certiorari the return is held conclusive as to the facts alleged, and the court must give judg*626ment upon the record and proceedings embraced in such return. It cannot consider affidavits contradicting said return in any particular. To do so, would subvert the proceeding by certiorari and turn it in effect into an ordinary…
2Cases cited4 opinions
- Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
- Stone v. Mayor of New-YorkNew York Supreme Court · 1840
- Haines v. Judges of WestchesterNew York Supreme Court · 1839
- People ex rel. Akin v. MorganNew York Supreme Court · 1873