Calloway v. Nifong

Decided May 15, 1822

Supreme Court of Missouri · decided 1822-05-15

<p>When one of two defendants dies, before a judgment rendered against both, the error can only be corrected in the Court where the judgment was rendered, by writ of error, coram nobis, as error, in fact, can only be corrected where it accrued.</p>

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Decided 1822-05-15

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Cited by 5 later decisions — most recently February 1918

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Cook, J.,

¶1delivered the opinion of the Court.

¶2In this case, Nifong received judgment in the Madison Circuit Court, in an action of debt against Calloway and John McCabe; to reverse which judgment, Calloway brought his writ of error, and assigned error in fact, that his co-defendant died before judgment, to which, the defendant in error, pleads “ in millo est erratum,;” and the only question for the consideration of this Court, is, whether the error complained of, is one which this Court can correct? According to the established course of the common law, error in fact, can only be corrected in the Court where it accrued, or in which the record is: (5 Com’s. Dig. 695; 1 Stra. Rep. 606; 2 Bac. Abr. 216, Civil Edition.) In this case, the remedy must he by writ of error, coram nobis, in the Circuit Court, the record being in that Court.

¶3The writ of error must be dismissed, with costs.