Furr v. . Moss
Supreme Court of North Carolina
This was an action of trespass for an assault and battery and ealse imprisonment, tried before Osborne, J., at the last Spring Term of Cabarrus Superior Court. The defendant, Moss, was a magistrate, the defendant Marshall, sheriff of the count}' of Stanly. A number of citizens were gathered together in the said county for the purpose of paying public taxes, where the two defendants were present, attending to that business.
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This was an action of trespass for an assault and battery and ealse imprisonment, tried before Osborne, J., at the last Spring Term of Cabarrus Superior Court. The defendant, Moss, was a magistrate, the defendant Marshall, sheriff of the count}' of Stanly. A number of citizens were gathered together in the said county for the purpose of paying public taxes, where the two defendants were present, attending to that business. During the day, one Linker became very disorderly, and committed a breach of the peace by assaulting one Parks, to which he was encouraged by the plaintiff. The defendant,…
1Opinion of the CourtManly, J.
When a justice is acting in a judicial capacity within the sphere of his jurisdiction, no action will lie for any judgment however erroneous or malicious. This principle has been steadily adhered to by our courts as indispensible, in order to protect such officer from the peril of being arraigned for every judgment he may pronounce, and to prevent the public justice of the country from thus being brought into scandal.
It is not so, however, with regard to such acts as are not judicial, but merely ministerial. "With respect to the latter, if the officer transcend his powers, maliciously, {mala…
2Cited by3 opinions
- Gillikin v. United States Fidelity & Guaranty Co.Supreme Court of North Carolina · 1961
- Cunningham v. . DillardSupreme Court of North Carolina · 1838
- Wynn v. FrederickSupreme Court of North Carolina · 2023