Bridendolph v. Zellers' Executors

Le Grand, C. J., delivered the opinion of this court. This is a writ of error coram nobis. It appears from the record that in the year 1837, in Washington county court, there was entered a judgment by confession against the appellant “for $!-, damages and costs, the damages to be released on the payment of $610, with interest from-till paid,” & c. At a subsequent term a writ of scire facias was issued, in which the judgment of 1837 was recited as one for $610; to this writ there was no return, and a second writ issued, to which there was a return of nihil, whereupon the court entered judgment fiat for $610, with interest from the 12th day of April 1837, The defendant in the scire facias never appeared to the writ.

In this state of case, on petition, the court for Washington county directed the issue of a writ of error corant, nobis, returnable before it. The plaintiff in error assigned as error, that the scire facias recited a judgment which had no existence. Since the case of Hawkins vs. Bowie, 9 G. & J., 437 , there ought to be no doubt in Maryland, that a writ of error coram nobis lies to .correct an error in fact, in the same court where the record is. If there be error in the process, or through default of the clerk, it shall be reversed in the same court, by