
    The People against Runkel and others.
    ALBANY,
    August, 1810.
    A certiorari, Sc'iment6 for "a forcible entry and detainer to this court, is grantable ot course,at the instance of the defendant,-without muse!"8 S£iee’83
    THIS was a case of an ipdictnient, for a forcible en-tr7 and detainer, before jpstices of the peace, (See act, gesSe j c> 6.) which had been removed to this court by * ■ y certiorari. "
    
      Rodman now moved to quash the certiorari.
    
    He said, this court had a discretion, as to granting certioraris to inferior courts; and that, in this case, it should not be granted, without special cause. He cited 1 Bac. Abr. 558. tit. Certiorari. Hawk. P. C. c. 27. s. 27, 28. 1 Salk. 144. 149, 150, 151. 1 Vent. 63. 1 Mod. 41. 2 Lord Raym. 937. 2 Term Rep, 83. Vin. Abr. 352. 4 Burr. 2456. Though when the prosecutor moves for a certiorari, it goes of course; yet it is never granted to the defendant, unless he shows special grounds.
    
      
      H. Bleecker, contra.
   Per Curiam.

The granting the certiorari, to remove the proceedings, is as much a matter of course, as the granting of a habeas corpus. Where the right to the possession of land is in question, the party has a right to have it tried in this court.

Motion denied.  