Ernst v. State
Wisconsin Supreme Court
1Opinion of the CourtVinje, C. J.
A writ of error coram nobis lies to the court in which the case was tried to correct an error of fact that does not appear of record. It does not lie to correct an error of law. 2 Ruling Case Law, 305. Nor does such a writ issue as a matter of right but as a matter of sound judicial discretion. In.re Ernst, 179 Wis. 646, 192 N. W. 65. And it has been held that the decision of the trial- court in refusing a writ'is not reviewable. Tyler v. Morris, 20 N. C. 487. But such a rule does not obtain in our state. We review discretionary orders and reverse if there has been an abuse of judicial…
2Cases cited3 opinions
- State v. CalhounSupreme Court of Kansas · 1893
- In re ErnstWisconsin Supreme Court · 1923
- Tyler v. MorrisSupreme Court of North Carolina · 1839
3Cited by12 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- Jessen v. StateWisconsin Supreme Court · 1980
- Murphy v. DalyIndiana Supreme Court · 1934
- State v. KanieskiWisconsin Supreme Court · 1966
- Houston v. StateWisconsin Supreme Court · 1959
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