McIver & Chamberlain v. Marshall

In each of the above causes an application has been made *43during the present term to a Justice of this court for an order allowing a writ of error. It is not necessary (nor is it proper practice) to have such an order to entitle either an original plaintiff, or a defendant, to a writ of error to a judgment of the Circuit Court in an ordinary civil action at law. A defendant in such an action is entitled to a writ of error as a matter of right, without even paying costs which have accrued up to the time of applying for the writ; but an original plaintiff in the Circuit Court must, to obtain…