Page:Black's Law Dictionary (Second Edition).djvu/443

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ERRATUM

ERRATUM. Lat. Error. Used in the Latin formula for assigning errors and in the reply thereto. “in nnllo est erratum." i. 6.. there was no error. no error was committed.

ERRONEOUS. Involving error; deviating from the law This term ls never used by courts or law-Writers as designating I1 corrupt or evil act. Thompson v. Doty, 72 1nd.

ERRONICE. error or mlstalie

Lat. Erroneously ; through

ERROR. A mlstnlien judgment or incorrect belief as to the existence or ellfect of mutters of fact, or a faLse or mistaken conceptlou or application of the law.

Such a mistaken or false conception or upphr-ntion of the law to the facts of a cause as will furnish ground for a review of the proceedings upon E Writ of error; a mistake of la“, or faise or irregular application of it, sud: us Vitiates the proceedings and Warrants the reversal of the judgment.

Error is also used as_un elliptical expresslon 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 compinined of; corresponding with the declaration in an ordl- rmry notion. 2 Tidd, Pr. 1168; 3 Staph. Comm. (H-1. WelIs v. Martin. 1 Ohio St. 359; Lamy v. Lumy. 4 N. M. (Johns.) 43, 12 Fat‘. 650. A specification of the errors upon which the sppellant will rely, with such fuilness as to give aid to the court in the examination of the transcript. Squires v. Foormnn. 10 ‘ '. 2952- Clerical error. See CLERICAL.—Cunnnon ex-rm-. (Lat. comm.um'a error. q. 12.) An error for which there are many precedents. “Com- mon error gor-th for a law." Finch, Law, b. 1, c. 3. no. 5-1—Errol' coram nobis. Error com- mitted in the proceedings “before us ;" i. e.. error assigned as a ground for reviewing. modifying, or uicuting a judgment in the same court in which it was rende1e(i.—Errur coram vo- his. Error in the proceedings “before you ;" words used in :1 writ of error directed by a court nf l'&ViI‘IV In the court which tried the (‘a.use.— Error in fact. In judicial proceefli s in fact occurs when, by rcason of

which is unknown to the court and not appar- cut on the record ((2. g., the covcrtnre, lnfuncy, or dcath of one of the parties), it renders a jnrlgzm which is void or voidnhlc. Cruser V. l\lt'(‘r:1( on. 37 Tex. 53-1. 30 S. W. 537: holz v. \’i'olfi. 8 Ill. A11 371; Kasson v. Mills. S llow. Prac. (N. Y.) 319; Tnnncr V Marsh, 53 Barb. (N. Y.) 4-10.—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. l\[cI(onzie v. lixknmrck Watcr Co.. 6 N D. 361. T1 . .


(‘L - Scherrer v. Hole. 9 I\Iont. G3, 22 Pac. I51. Qamplwli v. Patterson, 7 Vt. 89.—Erx-or nmninis. Ilrror of name. A mistake of detail

in the name of a person; used in contrsdislinction to error do pcrsomi. :1 mistake as to idrntity.—Errol' of law. e is under an error of law who is truly informed of the existence of facts, but who draws from them erro- neous conciusions of law. Civ. Code La. art. 1822. l\Iow.utt v. Wri,-zlit. 1 Wand. (N. Y.) 360, 19 Am. Dec. 508.—]-Irror of fact. That is culled “error of fact” which proceed. [her from ignorance of that which really exists or from

435

ERRORES SCRI BENTIB

1 mistaken. belief in the existence of that which

has none. Civ. Code La. art. 1821 See Nortnn v. Msrdcn. 15 Me. 45. 32 Am. Dec. 132' Mowatt v. \\ right. 1 Wand. (N. Y.) Iii Am. Dec. 50S.—I'nndnmental error. In uppr ‘ate prncticc. Error which goes to the Inerits of the plaiutilfs cause of action, and whirl: vviil he considered on review, whether ussigned as error or not, where the justice of the case seems to rcquire it. Hollywood v. Wellhauscn. 23 Tex. C-iv. App. 541. 63 S. W. 329.—Ha.rm- 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 procenlings in the case, or “how, nntvsitllstandim; the error, the psrticulnr issue was found in that party's favor, or where, even if the ciror had not been committed. hc could not have been legally entitled to prcm|l—In- viteul error. In nppz-llnte piactico. The pricniple of “invited error" is that if. during the progress of 21 cause. :1 party requests or moves the court to make I1 ruling which is actually erroneous, and the court does so, that partv cannot take advantage of the error on nppml or rcvirw. Gresham v. Harcourt. 93 TRY. ‘[45], 53 S. W. l019.—Reversiblo error. In appellate practice. Such an error as warrants the appellate court in reversing the j1ld"meut before it. New Mexican R. Co. v. Iicndliclzs, 6 N. M. 611. 30 PAC. 90].—'I‘echnieaI error. In sppellute practice. A merely abstract or theoretical error, which is prncricnlly not in- jurious to the party assigning it. Epps v. State, 102 Ind. 539. 1 X. E. -'}9‘l.—Errurs excepted. A phrase appended to an account stnl'ed._ in order to excuse slight mislnkes or nversi.-;l:ts.— Error, writ of. See \’\'arr or Emma.

F

Error fuoatus nuda veritste in mnltis G

est grobnbilior; et sxepenumero rationi- lms vincit veritatem error. Error urt- fully disguised [or colored] is, in many instances, more probabie than naked truth, and frequently error overwhelms truth by [its show of] reasons. 2 Coke. 73.

Error jnris nocet. Eiror of law injures A mistake of the law has an iniurious elIe-: that is, the party connuitting it must snfler the consequences. I\I'I(.‘1<Ei(l. Rom. Law. § 178; 1 Story, Eq. Jur. § 139. note.

Error nominis nnnqunm nocet, si do ldentitate rei constat. A mistake in the name of a thing is never prejurlicmi, if it he clear as to the identity of the thing itself, [where the thing intended is certainiy 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. I(L

Error qni non I-esistitur nggrobafur. An error which is not resisted or oppmzud ls approved. Doct. & Stud. 0. 40.

Errorea ad sun. prinuipin referre, est x-efellere. To refer errors to their sources is to refute them. 3 Inst. 15. To hrmg errors to their heginnlng is to see their last

Error-en seribentis nocere non debont. The mistakes of the writer ought not to harm. Jenk. Cent. 3:2-1.

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