entered on the law docket of the Supreme Court, and comes on for hearing in its order. SECT. VIII. JUDGMENT, &C. IN ERROR. Judgment. The judgment in error is, either to affirm,- -or to recall, or to reverse the former judgment, -or that the plaintiff be barred of his writ of error, or that there be a new trial.1 1. For the defendant in error. The common judgment for the defendant in error, whether the errors assigned be in fact or in law is, that the former judgment be affirmed.2 So on a demurrer by defendant, to an assignment of errors in fact and law, for duplicity, the judgment is, that the former judgment be affirmed.s On a plea of release of errors, or the statute of limitations, found for the defendant, the judgment is, that the plaintiff be barred of his writ of error.* 2. For the plaintiff in error When the judgment is for the plaintiff in error, if the error be in fact, the former judgment is recalled:- if the error be in law, the former judgment is reversed.5 If the plaintiff in error be the original defendant, against whom judgment was given, the judgment in error, when for him, shall be simply to reverse the former judgment; for the writ of error is brought only to be discharged from that judgment. 12 Tidd's Pract. 1161. 2 Ibid. 4 Ibid. Yelv. 58. Jeffry v. Wood, 1 Stra. Rep. 439. 1 Stra. Rep. 127, 683. 2 Stra. Rep. 1055. 51 Rol. Abr. 805. pl. 9. 2 Bac. Abr. 230. But if the plaintiff in error be the original plaintiff, against whom judgment was given, if he prevail in error, the judgment will not only be reversed, but the court will also give such judgment, as the court below should have given,' and if necessary, award a writ of inquiry, to assess the damages.2 A new trial is granted, when error is brought upon a bill of exceptions, taken and filed, to the opinion of the judge, who tried the cause, where such direction is wrong, — and in many other cases, where error has occurred in the course of the proceedings, which may be corrected on a new trial. A judgment being an entire thing, cannot regularly be reversed for part, and affirmed for the residue. Thus where several damages were given on two issues and an entire judgment was rendered for both, and one of the issues was erroneous, the judgment was reversed for the whole.* So if in an action against several, one judgment be given against all, and upon error, it be holden that the judgment is erroneous as to one, it shall be reversed against all." So if there be several dependent judgments, and the principal one be reversed, the others cannot be supported; as if one recover in debt or scire facias, on a judgment, and the first judgment be reversed, the judgment in debt or scire facias is reversed also. But 1 Parker v. Harris, 1 Salk. 262. 2 Saund. 110. 2 Ibid. Yelv. 76a. Cuming v. Sibley, 4 Burr. Rep. 2490. 3 2 Tidd's Pract. 825, 1161. Crossen v. Hutchinson, 9 Mass. Rep. 205. Witter v. Witter, 10 Mass. Rep. 223. 4 Cro. Jac. 424. 5 Roll. Abr. 776. Porter v. Rummery, 10 Mass. Rep. 64. if merely the last judgment be reversed, this does not affect the first.1 Where there are several distinct and independent judgments, the reversal of one will not affect the others.2 So also, though there be but one judgment, yet if it consist of several distinct and independent parts, and though one part be erroneous, yet it can be set right, without a reversal of the whole, it may be reversed for one part, and remain good for the remainder; as for costs alone, or damages in scire facias,*— or for damages and costs in a qui tam action.5 3 So on a writ of error, a judgment may be reversed as to the damages, and affirmed as to the costs. - So a judgment in a trustee process may be reversed as to the trustee, and remain good against the principal.' Execution. The execution issues in favor of the prevailing party, from the Supreme Court, and in common form, the record being supposed to be in that court, though, in fact, a transcript only is sent. 3. Costs. For costs on a writ of error, see Chapter on Costs. 1 2 Ld. Ray. 1532. 2 Stra. Rep. 807. 2 Ibid. 2 Bac. Abr. 228. 8 * Bellew v. Aylmer, 1 Stra. Rep. 188. 5 Cowen. Rep. 654. 8 Johns. Rep. 566. 42 Stra. Rep. 808. 54 Burr. Rep. 2018. 6 Cummings v. Pruden, 11 Mass. Rep. 206. 7 Whiting v. Cochran, 9 Mass. Rep. 532. * Cowp. 841. to the next Supreme Judicial Court, to be holden at errors in the record of the process and judgment aforesaid, the following, to wit: Because in the record and proceedings, and also in the rendition of judgment, between of held at of , plaintiff, and defendant, in an action, that was in our court, as by his com it is said, to the great damage of the said plaint we are informed, We, willing that the error, if any hath been, should be duly amended, and full and speedy justice done therein to the said parties, do command you, that if judgment be therein rendered, you distinctly and openly send us the record and process of the suit aforesaid, with all things touching them, under your seal, together with this writ, so that we may have them, before our justices of our Supreme Judicial Court, to be held at within and for the county of , on the that inspecting the record and process aforesaid, we may, for correcting that error therein, further cause to be done what of right and according to law, shall be to be done. of Witness. Esq. Clerk. L. S. 88. Judges return thereon. Pursuant to the precept of this writ, to me directed, I herewith send the record and process of the suit, and process within mentioned, with all things touching the same, all which are hereunto annexed, to the Honorable the Justices of the Supreme Judicial Court within named. In testimony whereof, I hereunto put my hand and seal this against of on the or his Deputy, Greeting. of , a certain holden at in and by of together with the proceedings and judgment therein are, by our writ of error, ordered to be removed into our Su preme Judicial Court next to be holden at on : and whereas the said , by his attorney, hath assigned errors, and filed the same, which now remain in the clerk's office of the Supreme Judicial Court, said to have happened on the said complaint, and in the said proceedings and judgment. We therefore command you, willing that justice should be done in the premises, that you make known unto the said that he appear, (if he see cause,) before our Supreme Judicial Court, to be holden at the county of on the aforesaid, and to shew cause (if any he hath) why the be) should not be corrected as to justice appertains. and have you there this writ, with your doings therein. Witness. within and for to hear the errors said error (if any Hereof fail not, Esq. at the day of Clerk. |