Johnston v. Commonwealth

OPINION of the Court, by

Ch. J. Bibb.

The circuit court of Jefferson, at the November term in the year 1808, made the following entry : “ ordered, that Gabriel J. Johnston, Esq. be sent to jail for the space of six hours for a contempt of the court.” To this Johnston prosecutes this writ of error.

Although writs of error shall, upon the demand of the party applying, be issued as matters of right, and ex debito justifies ; yet when the case is brought subjudice, it should always be a preliminary consideration, whether the writ lies in that particular. Should a writ of error be sued to revise the…