Legal Term Dictionary

A mistaken judgment or incorrect belief as to the existence or effect of matters of fact or a false or mistaken conception or application of the law. Such a mistaken or false conception or application of the law to the facts of a cause as will furnish ground for a More...

A mistaken judgment or incorrect belief as to the existence or effect of matters of fact or a false or mistaken conception or application of the law. Such a mistaken or false conception or application of the law to the facts of a cause as will furnish ground for a review of the proceedings upon a writ of error; a mistake of law, or false or Irregular application of it such as vitiates the proceedings and warrants the reversal of the judgment Error is also used as an elliptical expression for "writ of error;" as in saying that error lies; that a judgment may be reversed on error. Assignment of errors. In practice. The statement of the plaintiff's case on a writ of error, setting forth the errors complained of; corresponding with the declaration in an ordinary action. 2 Tidd, Pr. 1168; 3 Steph. Oomm. 644. Wells v. Martin, 1 Ohio St 388; Lamy v. Lamy, 4 N. M. (Johns.) 43, 12 Pac 650. A specification of the errors upon which the appellant will rely, with such fullness as to give aid to the court in the examination of the transcript Squires v. Foorman, 10 Cal. 298.- Clerical error. See CLERICAL.-Common error. (Lat communis error, q. v.) An error for which there are many precedents. "Common error goeth for a law." Finch, Law, b. 1, c. 3, no. 54.-Error coram nobis. Error committed in the proceedings "before us;" i. e., error assigned as a ground for reviewing, modifying, or vacating a judgment in the same court in which it was rendered.-Error coram vo-bis. Error in tbe proceedings "before you;" words used in a writ of error directed by a court of review to the court which tried the cause.- Error in fact. In judicial proceedings, error in fact occurs when, by reason of some fact which is unknown to the court and not apparent on the record (e. g., the coverture, infancy, or death of one of the parties), it renders a judgment which is void or voidable. Cruger v. McCracken, 87 Tex. 584, 30 S. W. 537; Kihl-holz v. Wolff, 8 111. App. 371; Kasson v. Mills, 8 How. Prac. (N. Y.) 379; Taaner v Marsh, 53 Barb. (N. Y.) 440.-Error in law. An error of the court in applying the law to the case on trial, e. g., in ruling on the admission of evidence, or in charging the jury. McKenzie v. Bismarck Water Co., 6 N. D. 361, 71 N. W. 608; Scherrer v. Hale, 9 Mont. 63, 22 Pac. 151; Campbell v. Patterson, 7 Vt 89.-Error nominis. Error of name. A mistake of detail in the name of a person; used in contradistinction to error de pcrsond, a mistake as to identity.-Error of law. He is under an error of law who is truly informed of the existence of facts, but who. draws from them erroneous conclusions of law. Civ. Code La. art. 1822. Mowatt v. Wright 1 Wend. (N. Y.) 360, 19 Am. Dec. 508. -Error of fact. That is called "error of fact" which proceeds either from ignorance of that which really exists or from a mistaken belief in the existence of that which has none. Civ. Code La. art. 1821. See Norton v. Marden, 15 Me. 45, 32 Am. Dec. 132; Mowatt v. Wright, 1 Wend. (N. Y.) 360,19 Am. Dec. 508.-Fundamental error. In appellate practice. Error which goes to the merits of the plaintiffs cause of action, and which will be considered on review, whether assigned as error or not, where the justice of the case seems to require it Hollywood v. Wellhausen, 28 Tex. Civ. App. 541. 68 S. W. 329.-Harmless error. In appellate practice. An error committed in the progress of the trial below, but which was not prejudicial to. the rights of the party assigning it and for which, therefore, the court will not reverse the judgment, as, where the error was neutralized or corrected by subsequent proceedings in the case, or where, notwithstanding the error, the particular issue was found in that party's favor, or where, even if the error had not been committed, he could not have been legally entitled to prevail.-Invited error. In appellate practice. The principle of "invited error" is that if, during the progress of a cause, a party requests or moves the court to make a ruling which is actually erroneous, and tbe court does so, that party cannot take advantage of the error on appeal or review. Gresham v. Harcourt, 93 Tex. 149, 53 S. W. 1019.-Reversible error. In appellate practice. Such an error as warrants the appellate court in reversing the judgment before it New Mexican R. Co. v.Hendricks, 6 N. M. 611, 30 Pac. 901.-Technical error. In appellate practice. A merely abstract or theoretical error, which is practically not injurious to the party assigningit. Epps v. State,. 102 Ind. 539, I N. E 491.-Errors excepted. A phrase appended to an account stated, in order to excuse slight mistakes or oversights.--Error, writ of. See WRIT OF ERROR. Error fucatus nuda veritate in multia est probabUior; et ssspenumero ration! bus vinoit veritatem error. Error artfully disguised [or colored] is, in many instances, more probable than naked truth; and frequently error overwhelms truth by [Its show of] reasons. 2 Coke, 73. Error juris nocet. Error of law injures. A mistake of the law has an Injurious effect; that is, the party committing it must suffer the consequences. Mackeld. Rom. Law, | 178; 1 Story, Eq. Jur. | 139, note. Error nominis nunquam nocet, si de identitato rei constat. A mistake in the name of a thing is never prejudicial, if it be clear as to the identity of the thing itself, [where the thing intended is certainly known.] 1 Duer, Ins. 171. This maxim is applicable only where the means of correcting the mistake are apparent on the face of the instrument to be construed. Id. Error qui non resistitur approbatur. An error which is not resisted or opposed is approved. Doct ft Stud. c. 40. Errores ad sua princlpia reforre, est refellere. To refer errors to their sources is to refute them. 3 Inst. 15. To bring errors to their beginning is to see their last. Errores scribontis nooere non debent. The mistakes of the writer ought not to harm. Jenk. Cent 324. Less...

In old English law. A meeting of the neighborhood to compromise differences among themselves; a court held on the boundary of two lands. Erubescit lex Alios oastigare parentes. 8 Coke, 116. The law blushes when children correct their parents.

In old English law. A meeting of the neighborhood to compromise differences among themselves; a court held on the boundary of two lands. Erubescit lex Alios oastigare parentes. 8 Coke, 116. The law blushes when children correct their parents. Less...

In old law. A cutting off the branches or boughs of trees. Cowell; Spelman.

In old law. A cutting off the branches or boughs of trees. Cowell; Spelman. Less...

To scald. It is said that to scald hogs was one of the ancient tenures in serjeanty. Wharton.

To scald. It is said that to scald hogs was one of the ancient tenures in serjeanty. Wharton. Less...

In old English law. A writ of exchange. A license in the shape of a writ, formerly granted to an English merchant to draw a bill of exchange on another in foreign parts. Reg. Orig. 194.

In old English law. A writ of exchange. A license in the shape of a writ, formerly granted to an English merchant to draw a bill of exchange on another in foreign parts. Reg. Orig. 194. Less...

An old English law term, signifying exchange.

An old English law term, signifying exchange. Less...

The departure or deliverance out of custody of a person who was lawfully imprisoned, before he is entitled to his liberty by the process of law. The voluntarily or negligently allowing any person lawfully in confinement to leave the place. 2 Bish. Crim. Law, 5 917. Escapes are either voluntary More...

The departure or deliverance out of custody of a person who was lawfully imprisoned, before he is entitled to his liberty by the process of law. The voluntarily or negligently allowing any person lawfully in confinement to leave the place. 2 Bish. Crim. Law, 5 917. Escapes are either voluntary or negligent. The former is the case when the keeper voluntarily concedes to the prisoner any liberty not authorized by law. The latter is the case when the prisoner contrives to leave his prison by forcing his way out, or any other means, without the knowledge or against the will of the keeper, but through the latter's carelessness or the insecurity of the building. Cortis v. DaUey, 21 App. Div. 1, 47 N. Y. Supp. 454; Lansing v. Fleet, 2 Johns. Cas. (N. Y.) 3, 1 Am. Dec. 142; Atkinson v. Jameson, 5 Term, 25; Butler v. Washburn, 25 N. II. 258; Martin v. State, 32 Ark. 124; Adams v. Turrentine, 30 N. C. 147. -Escape warrant. In English practice. This was a warrant granted to retake a prisoner committed to the custody of the king's prison who had escaped therefrom. It was obtained on affidavit from the judge of the court in which the action had been brought, and was directed to all the sheriffs throughout England, commanding them to retake the prisoner and commit him to gaol when and where taken, there to remain until the debt was satisfied. Jacob; Brown. Less...

In old English law. Delivered from that punishment which by the laws of the forest lay upon those whose beasts were found upon forbidden land. Jacob.

In old English law. Delivered from that punishment which by the laws of the forest lay upon those whose beasts were found upon forbidden land. Jacob. Less...

That which comes by chance or accident. Cowell.

That which comes by chance or accident. Cowell. Less...

A measure of corn. Cowell. Esohseta derivatnr a vorbo GaUioo eschoir, qnod est accidere, quia aoeidlt domino ox eventu et ex insporato. Co. Litt 93. Escheat is derived from the French word "eschoir" which signifies to happen, because it falls to the lord from an event and from an unforeseen More...

A measure of corn. Cowell. Esohseta derivatnr a vorbo GaUioo eschoir, qnod est accidere, quia aoeidlt domino ox eventu et ex insporato. Co. Litt 93. Escheat is derived from the French word "eschoir" which signifies to happen, because it falls to the lord from an event and from an unforeseen circumstance. Eschate vulgo dicuntur quae deoi-dentibns lis quse do rege tenent, onm non existit ratione sanguinis lucres, ad flseum relabuntur. Co. Litt. 13. Those things are commonly called "escheats" which revert to the exchequer from a failure of issue in those who hold of the king, when there does not exist any heir by consanguinity. Less...