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Tilgiiman C. J. The court do not think it necessary to decide whether or not they have jurisdiction of an assize of nuisance; but they are clearly of opinion that such an action cannot be removed into this court by a writ of habeas corpus; it has not been customary, and it is not proper, to remove a real action by this kind of writ. For this cause only they allow the motion.
Habeas Corpus quashed.
Document Info
Citation Numbers: 1 Binn. 251
Judges: Tilgiiman
Filed Date: 1/2/1808
Precedential Status: Precedential
Modified Date: 2/18/2022