Hanna v. Slevin
Superior Court of Pennsylvania
Appeal, No. 51, Oct. T., 1898, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1895, No. 798, in favor of defendant non obstante veredicto. Trespass. Before Widlsoh, J. It appears from the record that this was an action of trespass brought by plaintiff against defendant, one of the committing magistrates of the city of Philadelphia.
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Appeal, No. 51, Oct. T., 1898, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1895, No. 798, in favor of defendant non obstante veredicto. Trespass. Before Widlsoh, J. It appears from the record that this was an action of trespass brought by plaintiff against defendant, one of the committing magistrates of the city of Philadelphia. The gravamen of the action, as alleged by the plaintiff, was “that the defendant, after issuing a warrant, on the application of the plaintiff, for the arrest of one Louisa DeYoung, charged with malicious mischief, wilfully and deliberately…
1Opinion of the Court
Per Curiam,
This was an action of trespass brought by the prosecutor in a criminal case against the committing magistrate. The general rule both in this country and- in England is, that justices of the peace while acting within the scope of their authority are not answerable in damages for the merely erroneous exercise of purely judicial functions. There is nothing in this case to take it out of the general rule. The gravamen of the plaintiff’s complaint was that the magistrate dismissed the prosecution without permitting him ,to call all of his witnesses. While there was sufficient evidence…
2Cited by11 opinions
- McNair's PetitionSupreme Court of Pennsylvania · 1936
- Praisner v. StockerSuperior Court of Pennsylvania · 1983
- Feingold v. HillSupreme Court of Pennsylvania · 1987
- Commonwealth v. CauffielSuperior Court of Pennsylvania · 1922
- Egan v. Ritter, Pennsylvania Court of Common Pleas, Bucks County1987
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