Ball v. Brigham
Massachusetts Supreme Judicial Court
This writ of error issued to remove the proceedings of a justice of the peace upon the complaint of a clerk of a militia company against a private for neglect of duty, and to recover a fine imposed oy statute for such neglect.
1Opinion of the Court
Curia.
We have often declared that error does not lie in a case of this kind; but that the remedy of the,, party aggrieved must be sought by moving the Court for a writ of certiorari. In several cases, where the distinction between error and certiorari was not accurately attended to, if the proceedings were manifestly erroneous on the face of them, we have considered the proceedings as removed on certiorari, and have quashed them; at the same time *317declaring that this was an indulgence to the parties arising from an erroneous practice, which must be corrected.
As this opinion of the Court has…
2Cited by5 opinions
- Cawthorne v. WeisingerSupreme Court of Alabama · 1844
- Ex parte TarltonSupreme Court of Alabama · 1841
- Winslow v. AndersonMassachusetts Supreme Judicial Court · 1808
- Bacon v. WardMassachusetts Supreme Judicial Court · 1813
- Gibson v. RogersSupreme Court of Arkansas · 1840