40 court of appeals of maryland

judgment rendered against him the said Joseph Hall, Execu-
tor of the Testament and Last Will of John Smith, aforesaid,
in our Provincial Court of our province aforesaid before our
Justices thereof on the thirteenth day of April Anno Domini
One thousand Seven hundred forty and two in an action there
depending on a writ of replevin wherein the said Joseph Hall
Executor aforesaid was plaintiff and Jane Wells of Calvert
County aforesaid was defendant, as also for removing the record
thereof before us in our high Court of Appeals and Errors
where the said record now remains, we therefore command you
that by good and lawful men of your bailiwick you make known
unto the said Jane Wells that she be and appear before our
Governor and Council in our high Court of Appeals and
Errors to be held at the City of Annapolis the third Tuesday
of February next to hear the errors assigned upon the judgment
aforesaid if to her it shall seem meet. Hereof fail not and have
you then and there the names of the persons before whom you
make the same known and this writ. Witness our truly and
well beloved Thomas Bladen, Esquire, our Captain General &
Governor in Chief in and over this our province of Maryland,
this Sixth day of November in the Thirty second year of Our
Dominion Annoq. Domini One thousand seven hundred and
forty six.

(J. Bordley)

Wm. Rogers,
Issued Jany. 26, 1746. Cl. Cur. Appl.

In response to that writ the defendant appeared
and filed a plea called from its words and purport,
In nullo est erratum. Later in the eighteenth cen-
tury it was frequently called merely "joinder in
error". One filed on May 29, 1747, in the case of
Paul Peacable, Lessee of John Lusby and Mary,
his wife, v. Augustina Larrimore, is given:

And the aforesaid Augustina Larrimore, by Stephen Bordley,
her attorney, comes here into court, and having heard the-
errors aforesaid, saith that neither in the record and process
nor in the rendering the judgment aforesaid is it in any manner
erred, and she prays likewise that the court here may proceed