The writ of error will lie before judgment, for the words are si judicium inde redditum sit.
But Richardson thought that it ought to be returned after judgment: otherwise, *the record shall not be removed.
Colomore v. Hobs, 1 N.C. 133, 1 Mart. 133 (1793)
1793
·
United States Circuit Court for the District of North Carolina
1 N.C. 133, 1 Mart. 133
Colomore vs. Hobs.
Trin. 2 Car.
THE plaintiff in replevin, in the Common Bench had judgment, and a writ of inquiry of damages issued: The defendant brought a writ of error, then the writ of inquiry was returned in the Common Bench and judgment given. The plaintiff in the Common Bench, moved here that he might proceed on to execution, and so proceeded.
Broome. It is the course, when error is brought on an interlocutory judgment, to obtain a rule of the court here, to proceed below, notwithstanding the writ of error.
Afterwards the writ of error was returned into the King’s Bench, and both judgments, viz. all the record re*134moved; and the defendant, in the Common Bench, brought here a new writ.