The entry here shall not be, as the party requires, but as awarded by the court. Novel Entry 242, 266. 1 Roll. 764, 765. Jones 139. Noy 83.
Felton v. Weaver, 1 N.C. 152, 1 Mart. 152 (1793)
1793
·
United States Circuit Court for the District of North Carolina
1 N.C. 152, 1 Mart. 152
*Felton vs. Weaver.
Trin. 2 Car.
IN error, after errors assigned, the defendant pleaded in nullo est erratum. The record not being fully removed, it was agreed that the plaintiff and the defendant are now estopped from alledging a diminution of record, and no certiorari can be awarded at the suit of the parties: But on the view of Bishop’s case, and other precedents, it was agreed per curiam, that the court may award a certiorari, en officio, ad informand. conscientiam; and then what is so certified, shall be annexed to the record, and called a rider.
But Whitlock, J. thought differently.
*153And by the advice of Doderidge, J. the party took such a certiorari ex officio, and the judgment was reversed.
Novel entry 254, 263, 267. Gage's case, 5 Rep. quod intratur, M. 39, 40 Eliz. and Bishop’s case, 5. Rep. quod rotulat. P. 33 Eliz. rot. 361, which was after a nihil dicit, and not after an in nullo est erratum, as the book says. T. 13 Jac. rot. 52. Bishop of Rochester’s case, and Young’s case.