KFLCC Kingdom Law 2nd Ed.

435

ERRATUM

ERRORES BCRIBENTIS

ERRATUM. Lat Error. Used in the Latin formula for assigning errors, and in the reply thereto, "in nullo est erratum," t. e., there was no error, no error was committed. Involving error; deviat ing from the law. This term is never used by courts or law-writers as designating a cor rupt or evil act Thompson v. Doty, 72Ind. 338. ERRONICE. Lat Erroneously; through error or mistake. ERROR. A mistaken judgment or incor rect belief as to the existence or effect of mat ters 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 lawto the facts of a cause as will furnish ground for a review of the pro ceedings upon a writ of error; a mistake of law, or false or irregular application of i t such as vitiates the proceedings and warrants the reversal of the judgment Error is also used as an elliptical expres sion 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 ordi nary action. 2 Tidd, Pr. 1168; 3 Steph. Comm. 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 ap pellant will rely, with such fullness as to give aid to the court in the examination of the tran script. Squires v. Foorman, 10 Cal. 298.— Clerical error. See CLERICAL.-— Common error. (Lat. communis error, g. v.) An error for which there are many precedents. "Com mon error goeth for a law." Finch, Law, b. 1, c. 3, no. 54.— Error coram nobis. Error com mitted in the proceedings "before us;" i. e., er ror assigned as a ground for reviewing, modify ing, or vacating a judgment in the same court in which it was rendered.— Error coram vo bis. Error in the 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 appar ent 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; Tanner 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 evi dence, 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 contradis tinction to error de persond, a mistake as to identity.— Error of law. He is under an er ror of law who is truly informed of the exist ence of facts, but who draws from them erro neous 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 ERRONEOUS.

a mistaken belief in the existence of that which has none. Civ. Code La. art. 1821. See Nor ton v. Marden, 15 Me. 45, 32 Am. Dec. 132: Mowatt v. Wright, 1 Wend. (N. Y.) 360, 19 Am. Dec.508.— Fundamental error. In ap pellate practice. Error which goes to the mer its 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.— Harm less 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.— In vited error. In appellate practice. The prin ciple 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 er roneous, and the court does so, that party can not take advantage of the error on appeal or review. Gresham v. Harcourt, 93 Tex. 149, 53 S. W. 1019.— Reversible error. In appel late practice. Such an error as warrants the appellate court in reversing the judgment be fore 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 in jurious to the party assigning it. Epps v. State, 102 Ind. 539,1 N. E. 491.— Errors excepted. A phrase appended to an account stated, in or der to excuse slight mistakes or oversights.— Error, writ of. See WBIT OF EBBOB. Error fncatns nnda veritate in mnltis est probabilior; et ssepenumero rationi bns vincit veritatem error. Error art fully disguised [or colored] is, in many in stances, more probable than naked truth; and frequently error overwhelms truth by [its show of] reasons. 2 Coke, 73. 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 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 qui non resistitur approbatur. An error which is not resiste'd or opposed is approved., Doct. & Stud. c. 40. Errores ad sua principia referre, est refellere. To refer errors to their sources is to refute them. 3 Inst. 15. To bring er rors 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. Error juris nocet.