54 Iowa 74 | Iowa | 1880
Before ju-oceeding to a disposition of the main question one or two considerations of minor importance demand attention. Counsel for appellant insists as the arbitrators adjourned, and without again meeting made up their award, they acted in a mere ministerial capacity, and not as a court, nor as judicial officers. This 'position does not appear to us to be correct. The arbitrators, in determining the time and manner of making and filing their award, acted in the same capacity that they did in determining what their award should contain. As well might it'be claimed that a judge acts in a mere ministerial capacity in reducing an opinion to writing, and thus hold him liable civilly upon the ground that such act was not judicial.
It does not seem to be seriously contended that arbitrators of matters of difference between parties do not act in a judicial capacity. That they are in a certain sense a court cannot be questioned. They are empowered to determine questions of law and fact; in short, to adjudicate all questions presented, to them by the parties, and to determine the rights of the parties. The fact that their award may be subject to review by the court to which it is required to be returned does not divest them of judicial functions.
In some of the cases, as in Bradley v. Fisher, 13 Wallace, 335, it is held that judges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts, even when such' acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly; and a distinction is made between excess of jurisdiction and the clear absence of all jurisdiction over the subject matter
Counsel for appellant rely upon Gowing v. Gowgill, 12 Iowa, 495, as holding that a justice of the peace is liable for acts done in a judicial capacity through fraud, favor or partiality. That was an action against- a justice of the peace for fraudulently hearing and determining a case at 10 o’clock in the forenoon upon an original notice which required an appearance at 1 o’clock p. m. The opinion, without any decision as to the question of whether the justice acted without jurisdiction, concludes that he was liable for his fraudulent and corrupt acts. The decision might well have placed the liability upon what all the cases concede to be proper ground, and that is, a clear absence of jurisdiction. The original notice was returnable at one o’clock in the afternoon, and until that time
In conclusion, it is proper to say that we have not thought it necessary to discuss the grounds upon which it is held that a judicial officer is exempt from civil liability for his judicial acts. The reasons are fully and elaborately set forth in the authorities herein cited, and a reproduction -of them here would serve no useful purpose.
Affirmed.