Blacks Law Dict. 1st ed

ERTHMIOTUM

430

ERIGIMUS

Error fucatus nuda verltate in xnulti» est probabilior; et ssepenumero ration!- bus vineit veiritatem error. Error art fully disguised [or colored] is, in many in stances, more probable than naked truth; and frequently error overwhelms truth by [ito 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. Eom. Law* § 178; 1 Story, Eq. Jur. § 139, note. ERROR NOMINIS. Error of name. A mistake of detail in the name of a person; used in contradistinction to error de person& % a mistake as to identity. Error nominis nunquam nocet, si de identitate 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 correct ing the mistake are apparent on the face of the instrument to be construed. Id. ERROR OP PACT. 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. Civil Code La. art. 1821. ERROR OP LAW. He is under an er ror of law who is truly informed of the exist ence of facts, but who draws from them er roneous conclusions of law. Civil Code La. art. 1822. Error qui non resistitur approbatur. An error which is not resisted or opposed is approved. Doct. & Stud. c. 40. Errores ad sua principia referre, est refellere. To refer errors to their sources it to refute them. 3 Inst. 15. To bring errors to their beginning is to see their last. Errores scribentis nocere non debent. The mistakes of the writer ought not to harm. Jenk. Cent. 324. ERRORS EXCEPTED. A phrase ap pended to an account stated, in order to ex cuse slight mistakes or oversights. ERTHMIOTUM. In old English law. A meeting of the neighborhood to compromise differences among themselves; a court held, on the boundary of two lands.

ERIGIMUS. We erect. One of the words by which a corporation may be cre ated in England by the king's charter. 181. Comm. 473. ERMINE. By metonymy, this term is used to describe the office or functions of a judge, whose state robe, lined with ermine, is emblematical of purity and honor without stain. Webster. ERNES. In old English law. The loose scattered ears of corn that are left on the ground after the binding. EROSION. The gradual eating away of the soil by the operation of currents or tides. Distinguished from submergence, which is the disappearance of the soil under the water and the formation of a navigable body over it. 100 N. Y. 433, 3 N. E. Rep. 584. EROTOMANIA. Sometimes also called " Brotico-Mania," a disease of the brain on sexual subjects. The distinction between it and nymphomania is that in the latter, al though the condition of mind is similar, the disease is caused by a local disorder of the sexual organs reacting on the brain. Whar ton. ERRANT. Wandering; itinerant; ap plied to justices on circuit, and bailiffs at large, etc. ERRATICUM. In old law. A waif or stray; a wandering beast. Cowell. ERRONEOUS. Involving error; devi ating from the law. This term is never used by courts or law-writers as designating a cor rupt or evil act. 72 Ind. 338. ERRONICE. Lat. Erroneously; through error or mistake. ERROR. A m istaken judgment or incor rect belief as to the existence or effect of mat teis of fact, or a false or mistaken concep tion or application of the law. Such a mistaken or false conception or ap plication of the law to the facts of a cause as Will furnish ground for a review of the pro ceedings upon a writ of eiror; 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. ERROR, WHIT OF. See Warr or ERROR.

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