Haughton v. . Allen

The writ of error in England is acknowledged to be a writ of right; and is so in my opinion in this country, on the plaintiff in error complying with the requisites called for by the Act of Assembly; and the Court has no right to decide on the errors assigned till the record is before them, which cannot be till certified by the return of the writ. In England the writ of error is returned into court before the errors are assigned — upon assignment of errors, the plaintiff prays a scire facias ad audiendumerrores, which the court sometimes refuses, if the errors assigned be not thought…