6 Wend. 597 | N.Y. Sup. Ct. | 1831
By the Court,
It is conceded that the defendant, Mulliner, is liable in this action, but it is contended that the justice is not; and whether he is or not is the question. When the case of Percival v. Jones, 2 Johns. C. 49, came before this court, it was laid down as a general proposition, that “ In courts of special and limited jurisdiction, the rule is strict that the party becomes a trespasser who extends the power of the court to a case in which it can
The Marshalsea case, 10 Co. 76, 77, contains this doctrine in relation to the liability of those who extend the jurisdiction of inferior tribunals : that where the subject matter of a suit is not within the jurisdiction of the court applied to for redress, every thing done is absolutely void, and the officer executing the process is a trespasser. But where the subject matter is within the jurisdiction of the court, but the want of jurisdiction is as to the person or place, unless the want of jurisdiction appears on the face of the process, the officer who executes it is not a trespasser. 2 Esp. N. P. 390, 1. So in 20 Vin. Abr. 480, Trespass, C. a. pl. 19, 20, if an officer intermeddles in, or does nothing but what belongs to his office, he is not liable for precedent tortious acts. If an' action be brought in an inferior court, for a matter which does not arise within its jurisdiction, and the defendant be arrested thereupon, yet no action will lie against the officer that arrested him, though it will against the plaintiff; and the case of Hudson v. Cook, Skin. 131, is referred to, and supports the doctrine as stated by Viner.
The case of Hill v. Bateman et al., 1 Str. 710, was brought against a justice and constable. Bateman had convicted the plaintiff for destroying game, and had imprisoned him, though the plaintiff had goods sufficient to have paid the penalty, and which might have been distrained. Lord Raymond, chief justice, held that the action would lie against the justice, but not the constable, because the warrant was in a matter within the jurisdiction of the justice ; but if a justice of the peace
The case of Bissell v. Gold, 1 Wend. 210, was, like this, an action-of false ..imprisonment, founded on an arrest- upon a warrant against a freeholder, issued without oath. That, however, was against the party alone, and not the magistrate. In delivering the opinion of the court, I stated that “ without the oath the justice has no jurisdiction over the person of the defendant.; and ail parties concerned in an arrest under such process, are trespassers.” So broad a proposition was not called for; as far as it was applicable to the suit then to be decided, it was undoubtedly correct; but as respects ministerial officers, it must be subject to qualification." I am inclined to think the true rule is laid down in Percival v. Jones, that ministerial officers are not ‘responsible for executing any process, regular on its face, so long as the court from which it issues has general jurisdiction to award such process. In that case the court considered a justice, when making out process by direction of the party, as acting ministerially, or .as clerk of the party; and that it was very essential that the justice, when acting in good faith, should be protected; “ for,” the court say, “it would be intolerable to impose on him the necessity of knowing, officially, the property or circumstances of every person in the community;” and they therefore conclude that process must be issued at the peril of the parly demanding it. In that case, however, the justice was held liable, because he acted officiously, and not under the direction of the party. Here the justice acted under the direction of the party, and had no means of knowing that
In issuing process at the request of the party, a justice acts ministerially, and is justified in issuing any process within his jurisdiction which is demaued by a party, provided the justice acts in good faith. Should he knowingly issue a warrant against the provisions of the statute, he would be amenable in an action. In this case the justice acted bona fide, for aught appearing in the case.
Judgment for plaintiff, against MuIIiner, and in favor of the defendant Moores.