Writ Of Error - Law Dictionary Search Results
Home Dictionary Name: writ of errorwrit of error
writ of error see writ ...
writ of error coram nobis
writ of error coram nobis see writ ...
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
Reversal of judgment
Reversal of judgment. A judgment might have been reversed without a writ of error, for matters foreign to or dehors the record, i.e., not apparent upon the face of it, so that they could not be assigned for error in the superior courts, or by writ of error, which lay from all inferior jurisdictions to the King's Bench and thence to the Exchequer Chamber and the House on Lords. It was brought for mistakes as to matters of substance, appearing in the judgment or other parts of the record. See Steph. Com., 7th Edn., iii. 579; iv. 463. See now R.S.C. Ord. LVIII....
Saint Martin-le-Grand, Court of
Saint Martin-le-Grand, Court of. A writ of error formerly lay from the sheriff's courts in the City of London to the Court of hustings, before the mayor, recorder, and sheriffs; and thence to justices appointed by the royal commission, who used to sit in the church of St. Martin-le-Grand; and from the judgment of those justices a writ of error lay immediately to the House of Lords, Fitz. N.B. 32....
Fiat
Fiat (let it be done), a decree; a short order or warrant of some judge or public officer for making out and allowing certain processes. The fiat of the Attorney-General was required for a writ of error in any criminal case (see ERROR). The fiat of a law officer is also required by certain Acts before proceedings can be commenced, see Castro v. Murray, (1875) LR 10 Ex 213. See PETITION OF RIGHT.An order or decree esp. an arbitrary one; a court decree esp. one relating to a routine matter, Black's Law Dictionary, 7th Edn., p. 638....
coram nobis
coram nobis [Latin, in our presence] : writ of error coram nobis at writ ...
plaintiff in error
plaintiff in error :a party who proceeds by writ of error : appellant ...
Bail in error
Bail in error, is a security given by a defendant who intends to bring a writ of error on a judgment and desires a stay of execution in the meantime, Black Law Dictionary, 7th Edn., p. 136....
Tam quam
Tam quam, writ of error from inferior Courts, when the error is supposed to be as well in giving the judgment as in awarding execution upon it. (Tam in redditione judicii, quam in adjudicatione executionis.)...
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