Supreme Court of New Jersey, 1812

State v. Applicants for a Road

Supreme Court of New Jersey · Decided May 15, 1812 · Kirkpatrick, Pennington, Rossexx, That

3 N.J.L. 949

Opinion of the Court

Kirkpatrick, C. J.

— I think that this motion is a special motion, requiring notice.

Rossexx, J. — Of that opinion. Pennington, J.

— According to former decisions of this Court, this writ ought not to have been issued; but on mo*691tion in open court, and special circumstances shewn. In my opinion, therefore, it ought to be quashed before it is filed, and that no notice is necessary in such case.

Rule refused.

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