Hawkins ex rel. Mundell v. Bowie
Court of Appeals of Maryland
Appeal from Prince George’s county court. This was a writ of error, coram nobis, to the judges of said county court, sued out on the 1st day of December, 1835, by the appellee suggesting that the said Thomas Hawkins for the use of Alexander Mundell, by the judgment of Prince George’s county court, had recovered against the said appellee, as well the sum of $213 current money, a certain debt, as the sum of $42 10, for his costs and charges by him about his suit in that behalf…
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Appeal from Prince George’s county court. This was a writ of error, coram nobis, to the judges of said county court, sued out on the 1st day of December, 1835, by the appellee suggesting that the said Thomas Hawkins for the use of Alexander Mundell, by the judgment of Prince George’s county court, had recovered against the said appellee, as well the sum of $213 current money, a certain debt, as the sum of $42 10, for his costs and charges by him about his suit in that behalf expended, &c.; and because, in the record and proceedings of said judgment, a manifest error, as it is said, hath…
1Opinion of the CourtSpence, Judge
A writ of error coram nobis, lies to correct an error in fact, in the same court where the record is; as if there be error in the process, or through default of the clerk, it shall be reversed in the same court, by writ of error sued thereon before the same justices. Sellon's Pra. 399.
But of an error in law, which is the default of the justices, the same court cannot reverse the judgment by writ of error; nor without a writ of error, but this error ought to be redressed in another court, before other justices, by writ of error. Fitzh. N. B. 49, 50.
It is our design, in reviewing this cause, to…
2Cited by6 opinions
- Phillips v. NegleySupreme Court of the United States · 1886
- Skok v. StateCourt of Appeals of Maryland · 2000
- Keane v. StateCourt of Appeals of Maryland · 1933
- Emersonian Apartments v. TaylorCourt of Appeals of Maryland · 1918
- Hawks v. StateCourt of Appeals of Maryland · 1932
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