Haines v. Judges of Westchester
New York Supreme Court
In this case to a common law certiorari directed to the judges of Westchester county, the judges returned that the commissioners of the town of Bedford, (the parties prosecuting in the certiorari,) on an application to them for that purpose had refused to lay out a certain road; that on such refusal an appeal was made to three of the judges of the court of common pleas of the county, a majority of whom reversed the decision of the commissioners, and laid out the road…
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In this case to a common law certiorari directed to the judges of Westchester county, the judges returned that the commissioners of the town of Bedford, (the parties prosecuting in the certiorari,) on an application to them for that purpose had refused to lay out a certain road; that on such refusal an appeal was made to three of the judges of the court of common pleas of the county, a majority of whom reversed the decision of the commissioners, and laid out the road according to the original application. On the coming in of this return, the commissioners assigned for error that the road, as…
1Opinion of the Court
By the Court, Cowen, J.
The motion must be granted with costs. The return cannot be contradicted by an assignment of errors. It must be taken as conclusive, and acted upon as true. If false, you must go to your action. Vide per Platt, J. in Rawson v. Adams, 17 Johns. R. 131. —-— v. Cowper, 6 Mod. 90.
It is supposed that an assignment of a want of jurisdiction constitutes an exception to the rule. That is certainly not so, where the officers return that they have jurisdiction; nor am I aware that an issue has ever in any case been raised upon jurisdiction by an assignment of errors. A want of…
2Cited by10 opinions
- Ex parte Mayor of AlbanyNew York Supreme Court · 1840
- Young v. Conklin, New York County Courts1893
- Black v. Levy, New York County Courts1935
- Hickey v. MatthewsSupreme Court of Arkansas · 1884
- Barber v. StettheimerNew York Supreme Court · 1878
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