State v. Bishop
Superior Court of New Hampshire
This was a writ of certiorari, issued on motion of the respondent, commanding two justices of the peace for this county to certify, their doings upon a certain process of forcible entry and detainer, had before them on the complaint of one Willard against the respondent, in the year 1817. And now the court was moved to quash the writ of certio-rari, as having issued improvidentially, after it was barred by the statute of June 16, 1791. 1 /V’. IL Laws, 165.
1Opinion of the Court
By the court.
That statute is now repealed by the act of June 30, 1825, ( 3 N. H. Laws, 65,) and whether the seventh section of the latter act was intended to embrace writs, which had issued before its passage, it is unnecessary to inquire ; because we are of opinion, that writs of certiorari are not limited by that section, which applies only to writs of error. A writ of error issues as a matter of course, without any application to the court, and is therefore properly limited ; but a writ of certiorari is never suffered to issue, without an order of the court, and may always be denied, when…
2Cited by2 opinions
- Price v. Planning BoardSupreme Court of New Hampshire · 1980
- In re TuckerSuperior Court of New Hampshire · 1853