Chrisman v. Miller

A preliminary question is presented, whether, in a case like the present, where service has been by publication, and the judgment rendered on an ex parte hearing, the defendants in the judgment are entitled to prosecute a writ of error, where the Statute gives another remedy by a petition of review. (Hart. Dig. Art. 783.) We are of opinion that it was not the intention of the Statute to take away the right to prosecute a writ of error from the judgment; but to give an additional remedy in such cases; and that the remedies are concurrent. The right to prosecute a writ of error from a judgment…