COURT’S RULING ON MOTION TO COMPEL ISSUE OF WRIT OF ERROR.
In the matter of the petition of C. B. Reeves, attorney below for Henry More, tried and convicted at the December term of the Court of Quarter Sessions and Common Pleas, Grand Bassa County, 1896, for a writ of error, by him handed to this court, praying an order for the issue of said writ. The matter has been considered, and while it is the desire of this court to render its aid in the furtherance of justice, yet it does not feel warranted in setting aside its established rules. By Rule 26 a writ of error is obtainable, and is to be issued by the clerk whenever errors are assigned under its provisions; one of the requirements being that the appellant or applicant shall have attached to said assignment of errors, the certificate of one counsellor of this court, or one attorney of any of the country courts, certifying that in the opinion of said counsellor or attorney real errors are assigned therein.
This rule does not bear an interpretation that can be met by the certificate of the petitioner in this case, although he may be a member of the bar of this county. As parties are unconsciously prejudiced to their own opinions and views, the rule contemplates that a disinterested counsellor or attorney shall certify that real errors exist. In this petition the petitioner assigns the errors, hence he should have procured the certificate of a counsellor or attorney, certifying that there are errors, committed or apparent, to warrant the issue of the writ required. This not appearing, the court cannot sustain the motion without setting aside its rules. The motion is therefore dismissed.
Supreme Court, January Term, 1897.