error

In the eye of the law the former does not rise to the grade of the latter, and is always venial

See "Mistake." ERROR FUCATUS NUDA VERITATE in multls est probabllior, et saepe numero rationbus vincit veritatem error. Error artfully colored is in many things more probable than naked truth, and frequently error conquers truth by argumentation. 2 Coke, 73.

A mistake in judgment or deviation from the truth in matters of fact, and from the law in matters of judgment. Error of fact will excuse the party acting illegally but honestly, in many cases, will avoid a contract in some instances, and when mutual will furnish equity with a ground for interference; Norton v. Marden, 15 Me. 45, 32 Am. Dec. 132; Wheadon v. Olds, 20 Wend. (N. Y.) 174; Eagle Bank of New Haven v. Smith, 5 Conn. 71, 13 Am. Dec. 37; Bond v. Hays, 12 Mass. 36. See Mistake; Ignorance. Error in law will not, in general, excuse a man for its violation. A contract made under an error in law is, in general, binding; for, were it not so, error would be urged in almost every case; Bisph. Eq. 187. 2 East 469. See Storrs v. Barker, 6 Johns. Ch. (N. W. 249; 1 Y. & C. 232; 6 B. & C. 671. But a foreign law will for this purpose be considered as a fact; Norton v. Marden, 15 Me. 45, 32 Am. Dec. 132; Haven v. Foster, 9 Pick. (Mass.) 112, 19 Am. De^. 353; 2 Pothier, Obi. 369, etc.

A mistaken judgment or incorrect belief as to the existence or effect of matters of fact or a false or mistaken conception or application of the law. Such a mistaken or false conception or application of the law to the facts of a cause as will furnish ground for a review of the proceedings upon a writ of error; a mistake of law, or false or irregular application of it, such as vitiates the proccedings and warrants the reversal of the judgment Error is also used as an elliptical expression for "writ of error;" as in saying that error lies; that a judgment may be reversed on error.

— Assignment of errors. In practice. The statement of the plaintiff's case on a writ of error, setting forth the errors complained of; corresponding with the declaration in an ordinary action. 2 Tidd, Pr. 1168; 3 Steph. Comm. 644. Wells v. Martin, 1 Ohio St. 388; Lamy v. Lamy, 4 N. M. (Johns.) 43, 12 Pac. 650. A specification of the errors upon which the appellant will rely, with such fullness as to give aid to the court in the examination of the transcript. Squires v. Foorman, 10 Cal. 298.

— Clerical error. See Clerical.

— Common error. (Lat. communis error, g. v.) An error for which there are many precedents. "Common error goeth for a law." Finch, Law, b. 1, c. 3, no. 54.

— Error coram nobis. Error committed in the proceedings "before us;" i. e., error assigned as a ground for reviewing, modifying, or vacating a judgment in the same court in which it was rendered.

— Error coram vobis. Error in the proceedings "before you;" words used in a writ of error directed by a court of review to the court which tried the cause.

— Error in fact. In judicial proceedings, error in fact occurs when, by reason of some fact which is unknown to the court and not apparent on the record (e. g., the coverture, infancy, oh death of one of the parlies), it renders a judgment which is void or voidable. Cruger v. McCracken, 87 Tex. 584, 30 S. W. 537; Kihl-holz v. Wolff, 8 111. App. 371; Kasson v. Mills, 8 How. Prae. (N. Y.) 379; Tanner v Marsh, 53 Barb. (N. Y.) 440.

— Error in law. An error of the court in applying the law to the case on trial, e. g., in ruling on the admission of evidence, or in charging the jury. McKenzie v. Bismarck Water Co., 6 N. D. 361, 71 N. W. 608; Scherrer v. Hale, 9 Mont. 63, 22 Pac. 15i; Campbell v. Patterson, 7 Vt. 89.

— Error nominis. Error of name. A mistake of detail in the name of a person; used in contradistinction to error de persons, a mistake as to identity.

— Error of law. He is under an error of law who is truly informed of the existence of facts, but who draws from them erroneous conclusions of law. Civ. Code La. art. 1822. Mowatt v. Wright, 1 Wend. (N. Y.) 360, 19 Am. Dec. 508.

— Error of fact. That is called "error of fact" which proceeds either from ignorance of that which really exisis or from a mistaken belief in the existence of that which has none. Civ. Code La. art. 1821. See Norton v. Maiden, 15 Me. 45, 32 Am. Dec. 132; Mowatt v. Wright, 1 Wend. (N. Y.) 36o, 19 Am. Dec. 508.

— Fundamental error. In appellate practice. Error which goes to the merits of the plaintiff's cause of action, and which will be considered on review, whether assigned as error or not, where the justice of the case seems to require it. Hollywood v. Wellhausen, 28 Tex. Civ. App. 541, 68 S. W. 329.

— Harmless error. In appellate practice. An error committed in the progress of the trial below, but which was not prejudicial to the rights of the party assigning it, and for which, therefore, the court will not reverse the judgment, as, where the error was neutralized or corrected by subsequent proceedings in the case, or where, notwithstanding the error, the particular issue was found in that party's favor, or where, even if the error had not been committed, he could not have been legally entitled to prevail.

— Invited error. In appellate practice. The principle of "invited error" is that if, during the progress of a cause, a party requests or moves the court to make a ruling which is actually erroneous, and the court does so, that party cannot take advantage of the error on appeal or review. Gresham v. Harcourt, 93 Tex. 149, 53 S. W. 1019.

— Reversible error. In appellate practice. Such an error as warrants the appellate court in reversing the judgment before it New Mexican R. Co. v. Hendricks, 6 N. M. 611, 30 Pac. 901.-

— Technical error. In appellate practice. A merely abstract or theoretical error, which is practically not injurious to the party assigning it. Epps v. State, 102 Ind. 539, 1 N. E. 491.

— Errors excepted. A phrase appended to an account stated, in order to excuse slight mistakes or oversights.

— Error, writ of. See Writ of Error.

I. and eng. Mistake; a mistake ceedings, in a suit in a court of Error fucatns nuda Teritate in rationibus vincit veritatem deposit of title deeds with the credexcessive waste as is forbidden to a waste. law. Traveling furniture, or riding right as addressed to the conscience,; more strictly, the application of the administration of justice, either provided for by the positive law, by a liberal interpretation of its rules. exactly to particular cases; that administered by the English court of and, in some respects, independent object of which is to render the complete, by affording relief where give it, or to give it with effect, or jurisdiction independently of them. administer justice according to the redemption: the estate of a mortgagor of the mortgagor to redeem after foreclosure. Equity to a settlement: a settlement of a portion of her her children. significations; of doubtful signifi-; the removal of a part of a writthe paper; less properly, the reany means; obliteration; the place erased. divide or partition. be divided. used in argument. Ergo nee liic: Undertakers of work; contractors. which a corporation may be created law. Itinerant; traveling about.; an astray.; through mistake. in the foundation or in the prorecord, in matter of law or fact mullis est probabilior; et Siepeand frequently error overwhelms truth by [its show of] reasons. Error juris nocet: error of law injures. Error nominis nuuqnam nocet, si de identitate rei constat: a mistake in the name of a thing is never prejudicial, if it be clear as to the identity of the thing itself [where the thing intended is certainly known]. Error qui non resistitur approbatnr: an error which is not resisted or opposed is approved. Error scribentis nocere non debet: the mistake of a writer [a clerical error] ought not to injure. Errores ad sua principia referre, est refellere: to refer errors to their sources is to i-efute them.

A mistaken judgment or incorrect belief as to the existence or effect of matters of fact, or a false or mistaken conception or application of the law. Such a mistaken or false conception or application of the law to the facts of a cuuse as will furnish ground for a review ot the proceedings upon a writ of error; a mistake of Jaw, or false or irregular application of it, such as vitiates the proceedings and warrants the reversal of the judgment. Error is also used as an elliptical expression for “writ of error;” as in saying that error lies; that a judgment may be reversed on error. Krror fucatus nuda veritate in multis est probabilior; et s#epenumero rationtbus vincit veritatem error. Error artfully disguised [or colored] is, in many instances, more probable than naked truth; and frequently error overwhelms truth by [its show of] reasons. 2 Coke, 73. Error juris nocet. Error of law injures. A mistake of the law has an injurious effect; that is, the party committing it must suffer the consequences. Mackeld. Rom. Law, § 178; 1 Story, Eq. Jur. § 139, note.

An original writ which hes after judgment in an inferior court of record to review the judgment and inquire into errors of fact, or errors of law apparent on the record. In England, an erroneous judgment as to fact in the K. B. may be reversed in the same court by a writ of error coram nobis. A similar writ in the C..B. is called coram vobis. v. Coram nobis.

Lat. & Eng. [L. Fr. erreur, errour.] In practice. A mistake in the foundation, proceedings, judgment or execution of a suit in a court of record, in matter of law or of fact; and to correct which a writ of error lies. Co. Litt. 288 b.

in practice in the English courts, is a day appointed some days before the end of the term, at which matters left undone on the affirmance day are finished. 2 Tidd, 1224,