Perry v. . Perry

My doubts in this case were at first considerable, whether the plaintiff could have a certiorari. But, upon further consideration, and on examination of the act of Assembly of 1796, ch. 29, I think he can. The act evidently contemplates an ex parte proceeding. It does not direct any process or notice to the administrator; and, indeed, from the nature of the thing, no notice could be given to the administrator, because the widow's petition is to be filed at the same court that letters of administration are granted. Indeed, it must have been well understood by the Legislature that if an…