¶1There is no necessity for a previous no» tice to be given of such a motion: if the writ issues improvidently it is a ground of defence and may be taken advantage of on the return. We think there is sufficient information before rhe court to induce us to allow the writ. Let a Certiorari issue.
1 N.J.L. 393
State v. Tee Corp.
Decided November 15, 1795
Supreme Court of New Jersey · decided 1795-11-15
Aa. Ogden and Frelinghuysen, moved on the prosecution of Mr. Vandyke one of the citizens of New Brunsreick that a Certiorari be issued to the Mayor &c. of New Brunswick, to return a certain by-law of the corporation in order to try its validity. 1 st Because if amotion is necessary, as the counsel making it appear from the course they have adopted to suppose, notice should have been given to the corporation. %d The court ought not to award a Certiorari on the mere prayer of…
Decided 1795-11-15