
    [*] THE STATE against Applicants for a ROAD.
    ON CERTIORARI.
    A writ of certiorari in this case was allowed by a judge, at his chamber in vacation, and was now returned.
    
      Scott
    
    moved that the writ be quashed, on the ground that it had been improvidently issued.
    
      S. Stockton, contra.
    We ought to have notice of this motion.
    
      A. Ogden,
    
    in reply. No notice in this case is necessary. The court will immediately on the return of a writ improperly issued, quash it.
   Kirkpatrick, C. J.

I think that this motion is a special motion, requiring notice.

Eossell, J. — Of that opinion.

Pennington, J.;

According to former decisions of this court, this writ ought not to have been issued; but [691] on motion in open court, and special circumstances shown. In my opinion, therefore, it ought to be quashed before it is filed, and that no notice is necessary in such case.

Rule refused.  