BY THE COURT. Whenever a writ issues fairly, if it is first delivered it shall take preference — The proceedings, on a Habeas Corpus are de novo; on a certiorari, the court proceed on the state returned. Therefore, both writs cannot issue in the same cause; for the court cannot proceed de novo and on the old record too; which upon the idea of returning both writs must be done. In this case, the defendant not having affected delay, but proceeded...
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