Taylor v. Powers

A writ of error has been prosecuted in this case, for the purpose of revising a forthcoming bond taken by the sheriff of Tallapoosa, on levying a writ of fieri facias, upon the allegation, that the bond is defective, and does not au-thorise the issuance of an execution.

Without examining the errors assigned, we will inquire, whether a writ of error is the appropriate remedy in the present case.

Where a writ of error is resorted to, as a common law remedy, for the purpose of bringing a cause here, it can only be issued from this Court; for it is only in virtue of a statute that the primary…