Shoffet v. Menifee
Court of Appeals of Kentucky
Error coram vobis. From the Circuit Court for Barren County. Plea in nullo est erratum, to a writ of error co-ram vorbis, is in the nature of a demurrer, and makes the question whether the writ, upon its face,is maintainable. Errqr coram vofyis does not lie ^o vacate a judg’-t upon the ground, that—cqntrary to the sheriff’s return of executed—therewas in fact no service.
Read the full summary
Error coram vobis. From the Circuit Court for Barren County. Plea in nullo est erratum, to a writ of error co-ram vorbis, is in the nature of a demurrer, and makes the question whether the writ, upon its face,is maintainable. Errqr coram vofyis does not lie ^o vacate a judg’-t upon the ground, that—cqntrary to the sheriff’s return of executed—therewas in fact no service. As between the parties, the return is conclusive—unless pro cured by the fraud of one of them; and its verity cannot be enquired into in any proceeding to which the officer is no party. If the def’t in a wift is injured by a…
1Opinion of the Court
Judge Marshall
delivered the Opinion of the Court.
Upon the plea of “in nullo est erratum>” to a wirt of error coram vobis, the Circuit Court ordered the writ to be quashed: from which, the plaintiff has appealed; and the only question now to be decided, is, whether the error alleged in the writ is available in that mode of proceeding.
The writ alleges that the judgment therein recited, had been rendered against the plaintiff, on the return of process as duly executed on him by the sheriff; but that in fact, the process had not been executed, and the return was false. The plea Hn nullo est…
2Cases cited1 opinion
- Sergeant of the Court of Appeals v. GeorgeCourt of Appeals of Kentucky · 1824
3Cited by9 opinions
- Chapman v. North American Life InsuranceIllinois Supreme Court · 1920
- Milam County v. RobertsonTexas Supreme Court · 1877
- Smoot v. JuddSupreme Court of Missouri · 1904
- Bramlett v. McVeyCourt of Appeals of Kentucky · 1891
- Francis v. Lilly'sCourt of Appeals of Kentucky · 1907
4 more not listed; retrieve them via the Exa API.