Search Result for "writ of error":
Wordnet 3.0

NOUN (1)

1. a judicial writ from an appellate court ordering the court of record to produce the records of trial;

The Collaborative International Dictionary of English v.0.48:

Error \Er"ror\, n. [OF. error, errur, F. erreur, L. error, fr. errare to err. See Err.] 1. A wandering; a roving or irregular course. [Obs.] [1913 Webster] The rest of his journey, his error by sea. --B. Jonson. [1913 Webster] 2. A wandering or deviation from the right course or standard; irregularity; mistake; inaccuracy; something made wrong or left wrong; as, an error in writing or in printing; a clerical error. [1913 Webster] 3. A departing or deviation from the truth; falsity; false notion; wrong opinion; mistake; misapprehension. [1913 Webster] His judgment was often in error, though his candor remained unimpaired. --Bancroft. [1913 Webster] 4. A moral offense; violation of duty; a sin or transgression; iniquity; fault. --Ps. xix. 12. [1913 Webster] 5. (Math.) The difference between the approximate result and the true result; -- used particularly in the rule of double position. [1913 Webster] 6. (Mensuration) (a) The difference between an observed value and the true value of a quantity. (b) The difference between the observed value of a quantity and that which is taken or computed to be the true value; -- sometimes called residual error. [1913 Webster] 7. (Law.) A mistake in the proceedings of a court of record in matters of law or of fact. [1913 Webster] 8. (Baseball) A fault of a player of the side in the field which results in failure to put out a player on the other side, or gives him an unearned base. [1913 Webster] Law of error, or Law of frequency of error (Mensuration), the law which expresses the relation between the magnitude of an error and the frequency with which that error will be committed in making a large number of careful measurements of a quantity. Probable error. (Mensuration) See under Probable. Writ of error (Law), an original writ, which lies after judgment in an action at law, in a court of record, to correct some alleged error in the proceedings, or in the judgment of the court. --Bouvier. Burrill. Syn: Mistake; fault; blunder; failure; fallacy; delusion; hallucination; sin. See Blunder. [1913 Webster]
WordNet (r) 3.0 (2006):

writ of error n 1: a judicial writ from an appellate court ordering the court of record to produce the records of trial
Bouvier's Law Dictionary, Revised 6th Ed (1856):

WRIT OF ERROR, practice. A writ issued out of a court of competent jurisdiction, directed to the judge 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 proceeding may be corrected. Steph. Pl. 138; 2 Saund. 100, n. 1; Bac. Ab. Error, in pr. 2. 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. Pl. 139. 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 coram 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; 1 Arch. Pr. 212; 2 Tidd's Pr. 1033; Steph. Pl. 140 1 Browne's Rep. 75. 3. 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. Vide, generally, Tidd's Pr. ob. 43; Graham's Pr. B. 4, o. 1; Bac. Ab. Error; 1 Vern. 169; Yelv. 76; 1 Salk. 322; 2 Saund. 46, n. 6, and 101, n. 1; 3 Bl. Com. 405; Serg. Const. Law, ch. 5. 4. In the French law the demande en cassation is somewhat similar to our proceeding in error; according to some of the best writers on French law, it is considered as a new suit, and it is less an action between the original parties, than a question between the judgment and the law. It is not the action which is to be judged, but the judgment; "la demande en cassation est un nouveau proces, bien moins entre les parties qui figuraient dans le premier, qu'entre l'arret et la loi." Henrion de Pansey, de l'Autorite judiciare dans les gouvernemens monarchiques, p. 270, edit. in 8 vols.; 6 Toull. n. 193. Ce n'est point le' proces qu'il s'agit de juger, mais le jugement. Ib. 5. A writ of error is in the nature of a suit or action, when it is to restore the party who obtains it to the possession of any thing which is withheld from him, not when its operation is entirely defensive. 3 Story. Const. Sec. 1721. And it is considered generally as a new action. 6 Port 9.