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1 N.J.L. 332

State v. Hunt

Supreme Court of New Jersey

Decided April 15, 1795

Supreme Court of New Jersey · decided 1795-04-15

In the vacation between November and April Terms, a certiorari issued in this case, directed to the Sessions of Hunterdon, to remove an indictment which had been found there against Hunt, for an assault and battery. The certiorari was taken out by the attorney general.

Decided 1795-04-15

Pee Cue.

¶1A rule to show cause is a proper notice in all cases.

Leake and Woodruff,, for the rule, cited

¶22 Hawk. 417, b. 2, c. 27, § 62; 4 Bl. Com. 320, 321, to show that a certiorari was a supersedeas ; and that after it was presented all further proceedings were void. A case, also, of The State v. Bowen, in the minutes of May Term, 1781, was cited, where, for proceeding after a certiorari, the court ordered an attachment in the first instance against the justices.

¶3[288] Per Cur. This is a mild way of proceeding. The court that issues the writ are alone to decide upon its legality. The inferior court are to obey.

¶4Rule absolute.

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