ERROR

A mistaken judgment or incorrect belief as to the existence or effect of matters,of fact, or a false or mistaken conception or application of the law. Such a mistaken or false conception or application of the law to the facts of a cause as will furnish ground for a review of the proceedings upon a writ of error; a mistake of law, or false or irregular application of it, such as vitiates the proceedings and warrants the reversal of the judgment. Error is also used as an elliptical expre ion for "writ of error;" as in saying that error lies; that a judgment may be reversed on error. -A ignment of errors, In practice. The statement of the plaintiff's case on a writ of error, setting forth the errors comt>lained of; corresponding with the declaration in an ord i• nary action. 2 Tidd; Pr. 1168; 3 Steph. Comm. 644. Wells v. Martin, 1 Ohio St. 388; Lamy v. Lamy, 4 N. M. (Johns.) 43, 12 Pac. 650. A specification of the errors upon which the ap· pellant will rely, with such fullne as to give aid to the court in the examination of the tran• script. Squires v. Foorman, 10 Cal. 298.- Clerical error, See CLEBIOAL.-Common error. (Lat. commu.nis error, q. v.) An error for which there are many precedents. "Com• mon error goeth for a law." Finch, Law, b. 1, c. 3, no. 54.-Error coram nob is. Error corn• mitted in the proceedings "before us;" i. e., error a igned as a ground for reviewing, rnodifyhig, or vacating a judgment in the same court in which it was rendered.-Error coram vobis. Error in the proceedings "before:ou;" words used in a writ of error directed by a court of review to the court which tried the cause.- Error in fact. In judicial proceedings, error in fact occurs when, by reason of some fact which is unknown to the court and not appar• ent on the record (e. g., the coverture, infancy, or death of one of the parties), it renders a jud i:ment which is void or voidable. Cruger v. McCracken, 87 Tex. 584, 30 S. W. 537; Kihl· holz v. Wolff, 8 Ill. App. 371; Ka on v. Mills, 8 How. Prac. (N. Y.) 379; Tanner v:Marsh, 53 Barb. (N. Y.) 440.-Error in· law.· An error.of the court m applying the law to the case on trial, e. g., in ruling on the admi ion of evi• dence, or in charging the jury. McKenzie v. Bismarck Water Co., 6 N. D. 361, 71 N. W. 608; Scherrer v. Hale, 9 Mont. 63, 22 Pac. 151; Campbell v. Patters on, 7 Vt. 89.-Error nominis. Error of name. A mistake of rletail in the name of a person; used in contradistinction to error de persona, a mistake as to identity.-Error of law. He is under an er· ror of law who is truly informed of the existence of facts, but who draws from them erroneous conclusions of law. Civ. Code La. art. 1822. Mowatt v. Wright, 1 Wend. (N. Y.) 3G0, 19 Am. Dec. 508.-Error of fact. That is called "error of fact" which proceeds either from ignorance of that which really exists or from [s. 441]