writ of error

writ of error
A writ issued from a court of appellate jurisdiction, directed to the judge or judges of a court of record, requiring them to remit to the appellate court the record of an action before them, in which a final judgment has been entered, in order that examination may be made of certain errors alleged to have been committed, and that the judgment may be reversed, corrected, or affirmed, as the case may require. It is brought for supposed error in law apparent on record and takes case to higher tribunal, which affirms or reverses. It is commencement of new suit to set aside judgment, and is not continuation of suit to which it relates. Winchester v. Winn, 225 Mo.App. 288, 29 S.W.2d 188, 190.
And unless abolished by statute, is writ of right applicable to all cases in which jurisdiction is exercised according to course of common law, but is inapplicable to cases not known to or in derogation of common law, unless otherwise provided by statute.

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • writ of error — see writ Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. writ of error n. A wri …   Law dictionary

  • Writ of error — 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… …   The Collaborative International Dictionary of English

  • writ of error — n. a writ directed to a lower court by an appellate court requiring the submission of the record of a legal action for review, in order to ascertain whether or not errors have been committed and so that the judgment may be upheld, reversed, or… …   English World dictionary

  • writ of error — noun a judicial writ from an appellate court ordering the court of record to produce the records of trial • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑writ, ↑judicial writ * * * : a writ that lies in a competent court after judgment in an action… …   Useful english dictionary

  • writ of error coram nobis — see writ Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • writ of error — writ′ of er′ror n. law a writ issued by an appellate court directing the court of record to send a trial record to the appellate court to be examined for possible errors …   From formal English to slang

  • writ of error coram vobis — /rit av ehrar koram vowbas/ This writ, at the English common law, is distinguished from writ of error coram nobis, in that the former issued from the Court of King s Bench to a judgment of the Court of Common Pleas, whereas the latter issued from …   Black's law dictionary

  • writ of error — Date: 15th century a common law writ directing an inferior court to remit the record of a legal action to the reviewing court in order that an error of law may be corrected if it exists …   New Collegiate Dictionary

  • writ of error — Law. a writ issued by an appellate court to the court of record where a case was tried, requiring that the record of the trial be sent to the appellate court for examination of alleged errors. * * * …   Universalium

  • writ of error — A commission by which the judges of one court are authorized to examine a record on which a judgment was given in another court, and to affirm or reverse that judgment according to law. Cohen v Virginia (US) 6 Wheat 264, 5 1, Ed 257. The… …   Ballentine's law dictionary

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