4 N.J.L. 74 | N.J. | 1818
William Little, jun. was one of the
Moore, the plaintiff, no doubt supposing this judgment to be absolutely void, sets forth in his state of demand, that Little granted this execution against him without authority, having no judgment recorded against him, and avers that it was done maliciously, and with intent to harass and oppress him ; and then concludes by saying, in general terms that he was thereby harassed and greatly oppressed, to his damage 15 dollars. But he does not say that the execution was executed, or that he was obliged to pay the amount, nor does he lay any other damage, specially,
In entering judgment, and issuing execution, against both these defendants, upon the confession of Chichester alone, the justice undoubtedly mistook the law; but it is a mistake into which many have fallen, as well as he, and no more subjects him to an action, than any other mistake in judgment. Nay, it is even less gross than the mistake in the very action now before us. Shall it be said, then, that Little has an action against this justice also ? Where would all this end ?
It may be laid down as a universal position, which admits of no exception, that for a mere error of judgment, in the execution of his office, no action can be maintained against a judge of any court. With respect to special and limited jurisdictions, it is said, that if the judge shall exceed his powers, the whole proceeding is coram non judicie, and void; and that all concerned in
This judgment, therefore, must be reversed:
See Jeffers vs. Johnson, 1 Zab. 73.