7 Wend. 200 | N.Y. Sup. Ct. | 1831
By the Court,
The main point in this case is, had the justice jurisdiction sufficient to authorize a judgment ? The plaintiff in error holds the affirmative of this proposition, and the defendant the negative. The plaintiff contends that the justice having jurisdiction of the subject matter, and also of the person of the defendant by a regular appearance, if any error is subsequently committed, the remedy is by certiorari or appeal. The defendant says that, by an adjournmennt without authority, the cause is discontinued, the justice loses jurisdiction, and any subsequent proceedings are cor am, non judice and void.
It has been decided that a justice cannot adjourn a cause of his own motion after a previous adjournment, and that such adjournment amounts toa discontinuance of the suit, 2 Johns. R. 192; that if the justice do not appear at the place of ap
The case of Butler v. Potter, 17 Johns. R. 145, was an action in Onondaga common pleas, against a justice who had exceeded his jurisdiction in awarding more than five dollars costs. In the court below there was a recovery against him, on the ground that the execution on such a judgment was mid. This court, however, reversed the judgment of the common pleas, saying that the justice had jurisdiction to give judgmént for costs, and though he gave judgment for more than he ought, such judgment was merely erroneous, and not void. The case of Prigg v. Adams, 2 Salk. 674, was relied upon, where the judgment was given for five shillinge in the common, pleas, on a cause of action arising in Bristol. An act of parliament, erecting the court of conscience in Bristol, contained a clause by which it was declared, that if it appeared upon the trial in any of the courts at Wesminster, upon a cause of action arising in Bristol, that the cause of action was
Where a justice acts without acquiring jurisdiction, he is a trespasser; but having jurisdiction, an error in judgment does not subject him to an action ; he is entitled to the protection afforded to a judge of a court of record. The argument for the plaintiff in error is, that though the justice once had jurisdiction, he had lost that jurisdiction; that the adjournment being an act not authorized by law, the cause was at an end, and any further proceeding was without jurisdiction, as much so as a judgment would be without any previous process. It must be conceded that so far as the parties litigant before the justice in that suit are concerned, this court have considered an unauthorized adjournment an end of the suit; but where a remedy is sought against the justice, the principle of judicial irresponsibility should be interposed, so far as it is applicable. In the case of Adkins v. Brewer, 3 Cowen, 206, the justice never had jurisdiction of the person of the defendant, for want of the requisite security before issuing the attachment; and so in the case of Colvin v. Luther, 9 Cowen, 61, the justice had not jurisdiction of the defendant’s person, the defendant not appearing upon the warrant.
It has been held in some of the cases, that where the plaintiff refuses or neglects to appear upon the coming in of the jury with their verdict, it is irregular to receive the verdict; yet in such a case, we held that a judgment rendered upon a verdict so taken was not void, but voidable; that the justice,having jurisdiction of the subject matter and the person, had
In this case the justice had jurisdiction of the cause, of the parties, and of the question of adjournment; his error was an error of judgment, and according to the decisions above referred to, the consequence of that error was that the cause was discontinued as between the parties, and any judgment entered after such adjournment was liable to be reversed; but I believe none of the cases consider such a judgment a proper subject of inquiry as to its merits in another tribunal. If the justice is liable in this case, it must be conceded that such liability arises from a judicial act, which is contrary to established principles.
In my opinion the judgment of the justice was valid till reversed, although founded in error ; that the justice is not liable as a trespasser, and that the judgment of the common pleas must be reversed.