Gaither v. Watkins

The writ of certiorari was properly quashed in this case. In the first place, the clerk had no right to issue it without the order of the Court. It is a mistake to suppose, that the appellant was entitled to the writ as matter of right. On the contrary, a party was not entitled to it hy the common law, even in criminal cases, except for good and sufficient reasons. Thus we find it laid down in Bacon’s Abr., “that although the writ ought to be issued at the instance of the King for the purpose of removing an indictment, yet the Court has a discretionary power of granting or refusing it at the…