Legal Opinion

Gibson v. Rogers

Supreme Court of Arkansas

Decided July 15, 1840Published

Error to Crawford Circuit Court. This was a suit in chancery, and was brought up by a writ of error The defendant in error moved to dismiss, because no writ of error lay to a court of chancery.

1Opinion of the CourtLacy, Judge

At common law a writ of error was a matter of right, and issued of eourse out of chancery, to remove the record from an inferior to a suporior court, (except in cases coram nobis,) with a commission to the Judges of the reversing tribunal to examine the proceedings, and to-affirm or reverse the judgment according to law. 2 Saund. 100; 2 Bac. Abr. 448.

It lies where a person is aggrieved by an error in the foundation,, proceeding, judgment or execution' of á suit, and it is granted in all-cases, proceeding agreeably to the course of common law in a court of record, except in cases of treason…

2Cases cited4 opinions

  1. Commonwealth v. Blue-Hill Turnpike Corp.Massachusetts Supreme Judicial Court · 1809
  2. In re NegusCourt for the Trial of Impeachments and Correction of Errors · 1832
  3. Pratt v. HallMassachusetts Supreme Judicial Court · 1808
  4. Ball v. BrighamMassachusetts Supreme Judicial Court · 1809

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