Writ of Error


Also found in: Dictionary, Thesaurus, Legal, Wikipedia.
Related to Writ of Error: plaintiff in error

Writ of Error

An order by a court to another court to review a previously made decision. A writ of error is issued if a mistake in law or in fact may have been made.
References in periodicals archive ?
51) Yet the statute at issue, the Act of May 8, 1792, did not by its terms require that the writ of error be made returnable on the first day of term--that requirement was a result of judicial gloss.
Second, the writ of error was available only once a suit has reached final judgment "in the highest court of law or equity of a State in which a decision in the suit could be had.
26 Commentators note that the American and territorial experience postunification of law and equity was, broadly speaking, to follow more closely the writ of error process than the equity appeal process:
immediately carried into execution, and no appeal or writ of error from
On November 6, 2006, Trenkler wrote to the original trial judge arguing for reconsideration under a writ of error coram nobis.
The unanimous court, following the long-established common law tradition, hung fast to the requirement for a writ of error and "would not admit to his [Cunningham's] Appeal in any Other forum than by writ of error.
to require by certiorari, either before or after a judgment or decree by such lower court, that the cause be certified to the Supreme Court for determination by it with the same power and authority, and with like effect, as if the cause had been brought there by unrestricted writ of error or appeal .
With the abolition of the writ of error and the disappearance of the other procedural barriers that made appellate review of factual issues impracticable, the issue was brought into focus.
By providing a federal forum for trial, pretrial removal would provide much greater protection for federal interests than would appellate review via writ of error, particularly because such review was limited to questions of law and thus would have left much unreviewable.
In reversing, the court held that denial of post-conviction relief for judgments of conviction obtained by fraud or misrepresentation "would be repugnant to the due process clauses of the Constitutions of the United States and of the State of New York" and that "[t]he inherent power of a court to set aside its judgment which was procured by fraud and misrepresentation cannot be doubted" as it arises from the common law writ of error coram nobis, (17) In addition, the court rejected the argument that executive clemency is a sufficient remedy for criminal defendants seeking post-conviction relief, noting that "[a] pardon proceeds not upon the theory of innocence, but implies guilt.
2d at 544 ("Certiorari is a discretionary common-law writ which, in the absence of an adequate remedy by appeal or writ of error or other remedy afforded by law, a court of law may issue in the exercise of a sound judicial discretion to review a judicial or quasi judicial order or judgment that is unauthorized or violates the essential requirements of controlling law, and that results or reasonably may result in an injury which section 4 of the Declaration of Rights of the Florida constitution commands shall be remedied by the due course of law in order that right and justice shall be administered.
Cossio (8) the court considered whether a writ of error coram vobis was the appropriate forum to request post trial relief for an alleged Brady (9) violation.