Writ Of Error in United States

Writ Of Error Definition

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. it was called at length in the old books, breve de errore eorrigendo, a writ about correcting error; the abbreviation of which (breve de errore) has been literally translated, writ of error. Sometimes simply termed error. Deiined 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 eorrigendo. Co. Litt. 288b.

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Legal Issue for Attorneys

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. it was called at length in the old books, breve de errore eorrigendo, a writ about correcting error; the abbreviation of which (breve de errore) has been literally translated, writ of error. Sometimes simply termed error. Deiined 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 eorrigendo. Co. Litt. 288b.

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This definition of Writ Of Error is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

A mandatory precept, under seal, issued out of a court of competent jurisdiction. It is directed to the judges of a court of record in which final judgment has been given. The writ commands that the record be examined so some alleged error in the proceedings may be corrected. In some cases, the writ commands the judges to whom it is issued to examine the record; in other cases, it commands them to send the record to another court of appellate jurisdiction.

(Revised by Ann De Vries)

What is Writ Of Error?

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