State v. Farlee

1 N.J.L. 49

Opinion

[42] We have no power in such a case to oi’der a jury. This is not directly a case of property — it is one of personal liberty — it is a writ of right, intended for the protection of individuals against arbitrary or illegal detentions, and we are to decide upon it in our constitutional capacity, sitting here to superintend the liberty of the citizen, and to protect it from violation.

Per Curiam.