Note:  Do not rely on this information. It is very old.


Error, a fault in the pleadings or process or judgment in an action upon which formerly a writ of error was brought by the complaining party. The Judicature Acts abolished proceedings "in error," and substituted an appeal in all cases where the Court of Appeal had occasion to deal with what had taken place in the High Court, and they have given to the Appeal Court much more elastic powers than were exercised in the previous Court of Error, having provided in effect that the Court of Appeal shall have all the powers and duties as to amendment and otherwise of the Court of First Instance, with full discretionary powers to receive further evidence (not raising an altogether new and inconsistent case) upon questions of fact, and generally to give such judgment as ought to have been given in the High Court, and the Court of Appeal may also thus deal with any order made in the action. Special provisions are made regulating the cause and manner of appealing. As to criminal cases - after a judgment given against the prisoner either at the assizes or sessions, if there be a substantial defect in the indictment, or error apparent in the Record, such judgment may be reversed by the Queen's Bench Division of the High Court." But the Attorney-General's fiat must be first obtained, which in misdemeanours, on sufficient cause shown, is granted as a matter of course, but in felonies is granted only ex merd gratia. The Attorney-General may confess error, and so consent to a reversal of the judgment.