It is the right'of the plaintiff, to" commence his action, if he thinks proper, in , the inferior court ;: and being entitled to bail in this action,, in that court,, he ought not to be deprived of it, by the act of the defendant, in removing thfe cause into this court. And it is the settled practicfe of thfe E. "B. in England,, that where the defendant is held to bail, in the court, below, he must, on removing the causé, put in bail on the habeas corpus. * ; . "...
Motion denied,