There is no necessity for a previous notice 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 the court to induce us to allow the writ. Let a certiorari issue.

Cited in State v. Hanford, 6 Hal. 71; State v. Mor. Can. & Bkg. Co., 2 Gr. 427; Camden v. Mulford, 2 Dutch. 55; State v. Jersey City, 5 Vr. 400.