State v. Larrabee

The opinion of the court was delivered by

Garrison, J.

This certiorari brings up the appointment of surveyors of the highways for the alteration of a public road. The writ is addressed to the judges of the Pleas of Ocean county, who have, in response thereto, duly certified their proceedings to this court. This official return is laid before us accompanied by voluminous depositions taken upon notice, but without the special authority necessary to validate testimony by which it is sought to explain, modify or contradict the judicial certificate. Such affidavits are without probative force, and…