Livezey v. Gorgas

1 Binn. 251, 1808 Pa. LEXIS 35

Opinion

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.