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