State v. Kennedy

The writ in this case was tested of September term, 1839. Returnable November term, 1839, of the Supreme Court. It was presented to the Warren Pleas, in December term, 1839, after the return day mentioned in the writ, and a return has been made thereto. It is admitted, that no term of the Warren Pleas intervened between the September and No*23vcmber terms of the Supreme Court. Nor was there any rule taken at the November term of said court, extending the return day of the writ.

Upon this state of facts, the counsel moves to quash this writ. I. That upon general principles, all writs mast be…