Atkinson v. Peoples' National Bank
Supreme Judicial Court of Maine
On report. This was a writ of error to reverse-a judgment recovered in the Superior Court, for Kennebec County, against the plaintiff in error by the defendant in error at the December term, 1882. The defendant pleaded in nullo est erratum, which was joined by the plaintiff.
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On report. This was a writ of error to reverse-a judgment recovered in the Superior Court, for Kennebec County, against the plaintiff in error by the defendant in error at the December term, 1882. The defendant pleaded in nullo est erratum, which was joined by the plaintiff. The errors alleged are: first, the writ in said suit in which judgment was rendered was not signed' by the clerk of the Superior Court; and the proceedings are void, having no legal foundation whatever; second, the court rendering said judgment had no jurisdiction to render the same, the process upon which it was rendered…
1Opinion of the CourtEmery, J.
At common law the usual writ of error (coram vobis) issued out of the writ office in chancery to the cour whose record in the particular case was to be examined, and commanded that court to send the record and process in the case with all things touching them, (and also to return the writ itself,). into some other court, usually the king’s bench, for *370examination and judgment. Thus the writ partook of a dual' nature. It operated as a writ of certiorari to the inferior court to send up its record and proceedings in the case, and it also operated as a commission to the superior court to inquire…
2Cited by4 opinions
- Dwyer v. StateSupreme Judicial Court of Maine · 1956
- Culver v. SchrothIllinois Supreme Court · 1894
- Nissenbaum v. StateSupreme Judicial Court of Maine · 1938
- Preston v. ReedSupreme Judicial Court of Maine · 1945