JUDGMENTS, § 130 — purpose of and limitations on writ of error coram nobis. The purpose of the writ of error coram nobis under the common law practice as now provided by section 72 of the Civil Practice Act, is that such writs should only be used where an error of fact occurred at the trial, of which the court had no knowledge, and which evidence could not be produced by the defendant, either through duress, ignorance or excusable mistake, and a motion in the nature of a writ of error coram nobis may not be used as a substitute for an appeal.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE HEBEL.
Not to be published in full. Opinion filed April 26, 1944; rehearing denied May 12, 1944.