| William Johnson - Law reports, digests, etc - 1853 - 488 pages
...acts as a Court or judge of record, according to the course of the common law, aur ' 1 °^ crror nes on their judgments ; but where they act in a summary method, or in a new course, dillerent from the common lavv, then a writ of error does not lie, but a certiorari. And in The Queen... | |
| William Tidd - Civil procedure - 1856 - 976 pages
...and the court or judge that exercise this jurisdiction, act as a court or judge of record, according to the course of the common law, a writ of error lies on their judgments; but when they act in a summary way, or in a new course different from the common law, their writ of error... | |
| Theron Metcalf, Jonathan Cogswell Perkins - Law reports, digests, etc - 1863 - 872 pages
...Guiltier, 4 Mass. 171. 2. If the judgment complained of was rendered by a court proceeding according to the course of the common law, a writ of error lies. Commonwealth v. Ella, 11 Mass. 462. Cooke, petitioner, 15 Pick. 234. 3. Л writ of error is a writ... | |
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 1078 pages
...well settled. If the judg- [ * 466 ] ment complained of was rendered by a court proceeding according to the course of the common law, a writ of error lies ; on which, in case of reversal, this Court is authorized to render the same judgment as the court below... | |
| Great Britain. Courts - Law reports, digests, etc - 1865 - 1004 pages
...and the Court or Judge that exercises this jurisdiction acts as a Court or judge of record according to the course of the common law, a writ of error lies...or in a new course different from the common law, there a "writ of error lies not, but a certiorari." The case of a removal of proceedings of commissioners... | |
| Abraham Caruthers - Civil procedure - 1866 - 716 pages
...erected, and the Court or Judge that exercises this j urisdiction acts as a Court of record, according to the course of the common law, a writ of error lies on its judgments; but when it acts in a summary way, or in a new course, different from the common law,... | |
| Francis Joseph Troubat, William Worthington Haly - Civil procedure - 1867 - 670 pages
...and the court or judge that exercises this jurisdiction acts as a court or judge of record, according to the course of the common law, a writ of error lies on their judgment.4 An appeal lies where the proceedings are in equity, or according to equitable forms. Certiorari... | |
| Great Britain. Courts - Law reports, digests, etc - 1870 - 730 pages
...and the court or judge that exercises this jurisdiction acts as a court or judge of record, according to the course of the common law, a writ of error lies...their judgments ; but, where they act in a summary nie-linid, or in a new course, different from the common law, there a writ of error lies not, but a... | |
| Joel Prentiss Bishop - Criminal procedure - 1872 - 806 pages
...and the court or judge that exercises that jurisdiction acts as a court or judge of record, according to the course of the common law, a writ of error lies to their judgment ; but, where they act in a summary method, or in a new course, different from the... | |
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