57 Iowa 69 | Iowa | 1881
The defendant having informed the plaintiff of his right to appeal, and the plainfiff having given the requisite notice, the appeal was taken. There was nothing which the justice could do or say about it which could deprive him of his appeal.
The judgment was of course to be executed unless stayed. Now it appears to us that the petition does not show that the plaintiff ever took the steps necessary to stay the judgment.
The plaintiff in his argument lays great stress upon the fact that the petition shows that the defendant acted maliciously in committing him. But if the plaintiff had not taken proper steps to stay the judgment, that is, if he had tendered no bond, or none except what the defendant disapproved as insufficient, it was right that he should be committed. And if the defendant acted legally in committing the plaintiff, a court will not inquire whether he committed him under the supposition that he was acting illegally. Where a judicial or other officer does no more than what the law requires him to do, it is immate
It appears to us that the petition does not show that the defendant did anything more than as justice of the peace he was empowered to do, except in refusing to allow an appeal after the appeal had been taken. By this refusal the plaintiff was not affected. He had his appeal. If the plaintiff took the proper steps to stay jugdment and failed solely through the defendant’s fault such fact is not shown. If judgment was stayed and plaintiff' was committed in defiance of the stay such faet is. not shown. The averment that the commitment was without probable cause must be taken to be a mere conclusion from the faet that the plaintiff gave notice of appeal and offered bond and security.
We think that the plaintiff’s petition is insufficient and that the court did not err in so holding.
Affirmed.