Peavey v. . Robbins
Supreme Court of North Carolina
This was an action on the case, tried before his Honor, Judge Caudavell, at the Spring Term of BrunsAviek Superior Court, 1856. Plaintiff declared for a wrong and injury done him, by the defendants as inspectors of an election, in refusing to receive his vote.
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This was an action on the case, tried before his Honor, Judge Caudavell, at the Spring Term of BrunsAviek Superior Court, 1856. Plaintiff declared for a wrong and injury done him, by the defendants as inspectors of an election, in refusing to receive his vote. To show that he was entitled to vote, he called a witness, who testified that he knew the mother and grandmother of the plaintiff, and that they were white women, also that he knew his father and grand-father; that his father was a dark colored man Avith straight hair, and that his grandfather was a dark red-faced mulatto, with dark…
1Opinion of the CourtNastt, C. J.
It is a general rule that no action can be supported against a Judge or Justice of the Peace, acting judicially and within the sphere of his jurisdiction, however erroneous his decision. See Floy and BcurTcee, 12 Coke 23; and Groenvelt v. Burnwell, 1 Lord Ray. 454. This doctrine has ever since been steadily pursued, as being essential to the independence of those entrusted with j udicial authority, by removing from their minds the peril of arraignment for every judgment they may pronounce. See Cunningham v. Dilliard, 4 Dev. and Bat. 351, and Gov. v. McAfee, 2 Dev. 15. Die defendants were…
Also in this document: Per curiam.
2Cited by4 opinions
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