Definition of ERROR, WRIT OF


ERROR, WRIT OF

A writ of error is one issued fro a superior to an
inferior court, for the purpose of bringing up the record and correcting an
alleged error committed in the trial in the court below. But it cannot
deliver the body from prison. Bro. Abr. Acc. pl. 45. The judges to whom the
writ is directed have no power to return the record nisi judicium inde
redditum sit. Nor can it be brought except on the final judgment. See
Metcalfs Case, 11 Co. Rep. 38, which is eminently instructive on this
subject. Vide Writ of Error.


Source: Bouviers Law Dictionary 1856 Edition

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