May v. Keep

2 Pin. 301, 1 Chand. 285

Opinion

The court determined that it had the power to authorize the issuing of the writ; but in ordinary cases would not feel itself bound to allow it indiscriminately, where there was an opportamity of making application to a circuit court at a term of such a court, and in accordance with this view of the case ordered that the writ issue in case a bond should be executed and filed with the clerk by the parties making this motion.