Writ of error

the traditional writ of error enabling a superior court to review an error of law committed by a trial court

A writ by which a superior court commands an inferior to send up the record of a proceeding for review. A writ of error lay only to a court of record (88 Pa. St. 291) after final judgment (2 Mass. 445), and lies only to errors of law (141 Mass. 194) apparent of record (72 N. Y. 393). Error was the appropriate remedy at common law to review proceedings at law, while an appeal (q. v.) lay in equity. Writ of Error Coram Nobis. The ordinary writ of error which issued from a superior to an inferior court. Writ of Error Coram Vobis. A writ which issued to review proceedings previously had in the court issuing it. See "Coram Vobis." As it was called at length in the old books, breve de errore corrigendo, a writ about correcting error; the abbreviation of which (breve de errore) has been literally translated, "writ of error." Sometimes simply termed "error." Defined by Lord Coke to be a writ which "lieth where a man is grieved by any error in the foundation, proceeding, judgment, or execution [of a suit], and thereupon it is called breve de errore corrigendo." Co. Litt. 288b.

A writ issued out of a court of competent jurisdiction, directed to the judges of a court of record in which final judgment has been given, and commanding them, in some cases, themselves to examine the record, in others to send it to another court of appellate jurisdiction, therein named, to be examined, in order that some alleged error in the proceedings may be corrected. Steph. PI. 138; 2 Saund. 100, n. 1; Bac. Abr. Error. The first is called a writ of error coram nobis or vobis. When an issue in fact has been decided, there is not, in general, any appeal except by motion for a new trial; and although a matter of fact should exist which was not brought into the issue, as, for example, if the defendant neglected to plead a release, which he might have pleaded, this is no error in the proceedings, though a mistake of the defendant; Steph. PI. ♦118. But there are some facts which affect the validity and regularity of the proceeding itself; and to remedy these errors the party in interest may sue out the writ of error eoram vobis. The death of one of the parties at the commencement of the suit, the appearance of an infant in a personal action by an attorney and not by guardian, the coverture of either party at the commencement of the suit, when her husband is not joined with her, are instances of this kind; 1 Saund. 101; Steph. PI. *119; Day v. Hamburgh, 1 Browne, Pa. 75. The writ of error coram vobis, is used to correct errors of fact and not of law; Maple v. Havenhill, 37 111. App. 311. The second species is called, generally, writ of error, and is the more common. Its object is to review and correct an error of the law committed in the proceedings, which is not amendable or cured at common law or by some of the statutes of amendment or jeofail. See, generally, 1 Vern. 169; 1 Salk. 322; 2 Saund. 46, 101; 3 Bla. Com. 405. It is the usual way of bringing up a case; an appeal is an exception; Carino v. Insular Government, 212 U. S. 450, 29 Sup. Ct 334, 53 L. Ed. 594. There cannot be two in the same case at the same time; Columbus Const. Co. v. Crane Co., 174 U. S. 600, 19 Sup. Ct. 721, 43 L. Ed. 1102. See Appeal and Error; Bill of Exception.