Error
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
WHt of. [L. Lat. hreve de errore; L. Fr. hrrfe d* errour.'] In practice. An original writ which lies after judgment in an action at law, in a court of record, to correct some supposed mistake in the proceedings or judgment of the court.* 3 BL Com. 406.
2 Tidd's Pr. 1134, 1140. 1 Arch. Pr. 230. Co. Lilt. 288 b.
Sometimes simply termed error
It lies for some error or defect in substance, that is not aided, amendable or cured at common law, or by some of the statutes of amendments or jeofails; and it lies to the same court in which the judgment was given, or to which the record was removed by writ of error, or to a superior court 2 Tidd's Pr. 1136. In England, if a judgment in the Queen's Bench be erroneous in matter of fact only, and not in point of law, it may be reversed in the same court by writ of error coram nobis, and in the common pleas, the same writ is called a writ of error coram vobis; the writ in these cases being merely in the nature of a commission to the judges to examine the error, without removing the record out of the court. Id. ibid.
1137, 1143.
See Coram nobi Sp Coram vobis. The same kind of writ, under the name of a torit of error for error in fact, is in use in such of the United States as follow the English practice. But the most usual and important species of writ of error is that which lies for error in law, and which removes the record to a superior court, in order to have the judgment reviewed. This writ is well described as consisting of two parts, a certiorari to remove the record, and a commission to examine it.
2 Tidd's Pr. 1134, 1143. 1 Arch. Pr. 229, 230.
When the record, or a transcript of it has been removed to the superior court in compliance with the writ, the particular error complained of is brought before the court by means of pleadings and issue thereon; and after argument on the points presented by the parties, if the court be of opinion that there is error in the judgment of the court below, it proceeds to reverse the judgment; otherwise, the judgrment is affirmed. See U. S, Digest and Supplement, Error.