.!' WRIT OF •EJECTMENT. In Prac tice. The name of. a process isaned by a party claiming land other real estate, against one who is alleged...to be unlawfully possession. See.EJECTMpIT..
• • • wRIT OF.ENTRY. See.ENT'air,W1nToF. WRIT OF ERROR. In•PractiCe. A . writ Issued out of a court of coinpetent juris: diction, directed to the judges of' a court of record in which. final judgment has been given; and commanding. them, in some eases, themselves to examine the record, in others' to send it tO another court of 'appellate juris: diction,' therein named, to be examined, in order that some alleged error in the proceed,. ings m'ay be-corrected. Stephen, Plead. 138 ; 2.Saund. 100, n. I • Bacon, Abr. Error.
2. The first is ealled a writ of error eoram nobis or vo.kis. When an issue in feet has been 'decided, there is not, in general, any appeal. except by motion for a new trial ; rind although- a matter of 'fact ebould exist which was not brought into the issue, as, for er. ample, if the defendant neglected to plead a release, which he might have pleaded, this is no error in the proceedings, though a mistake of: the :defendant. Stephen,- Plead. 139; But there are some facts which affect the validity and regularity of tbe proceeding itself ; and to remedy these errors 'the party in interest may.sue ont the writ: of error coram vobis.
The death of, one of: the parties at- the com mencement of the snit, the appearance of an Infant in a personal action by an attor, ney and not by gnerdian, the coverture. of .cither party. at .the commencement of the suit; when b'er husband is not joined with her, ire insianees of 'this kind. 1 Sound. 101 ; 1 Archbold, Pract. 212'; 2 Tidd,. Pract. 1033 ; 'StePhen,Plead. 140; 1 Browne, Penn. 75.
. • .3.. The.second species is palled, generally, writ of error, .and is the more common. lte object is to review and cornet an error of the law committed: in the proceedin,gs, whieh not amendable ,or cured et eonirnon law. or by some of: the statntes •ot amendment or jeofail. See, generally; Tidd, Praet. 43 ; Graham,. Pract. b. 4, c. 1 ;• Bacon, Abr. Error ; l' 'Vern. Ch. '169 Yelv: 76'; 1 -Salk. 822 ; 2 Sthind. 46,' n. 6, and 101; n. 1 ; 3 Blaelletone, Confm.• 405 • ' 'Sergeant, Cotist,. Law, e. 5.
It lies only tO reiriove causes from a court of record.: is:In the nature .of a suit or action when it is to restore the party who obtains it to the poss.ession of ony thing which is Withheld from him, not When its opera.tion is entirely defensive, 3 Story, Nast. / 1721. And ,ft 'is ennsidered, gene: rally, as a neW iictihn. 15 Ala. 9,