Error In fact

Definition of Error In fact

Error in fact occurs when, by reason of some fact which is unknown to the court and not apparent on the record (e.g., infancy, or death of one of the parties), it renders a judgment void or voidable. Such occurs when some fact which really exists is unknown, or some fact is supposed to exist which really does not. Schwartz v. Kominski, 25 lll.App.3d 789, 324 N.E.2d 91, 93.

That's the definition of Error In fact in Black's Law Dictionary 6th Edition. Courtesy of