Grove v. Van Duyn
Supreme Court of New Jersey
On error to the Middlesex Circuit. This was an action for trespass for assault and unlawful imprisonment. The défendant, Cornelius Van Duyn, pleaded the general issue of not guilty to the declaration, which was in its usual form in trespass, for assault and unlawful imprisonment.
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On error to the Middlesex Circuit. This was an action for trespass for assault and unlawful imprisonment. The défendant, Cornelius Van Duyn, pleaded the general issue of not guilty to the declaration, which was in its usual form in trespass, for assault and unlawful imprisonment. The defendant Charles L. Stout also pleaded the general issue to the said declaration, and gave notice of special matter in evidence under said plea, setting up that he was one of the justices of the peace of the county of Middlesex, and that the following complaint was made before him by Cornelius Van Duyn: State of…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, C. J.
Most of the general principles of law pertaining to that branch of this controversy which relates to the alleged liability of the defendant in this suit, who was a justice of the peace, are so completely settled as not to be open to discussion. The doctrine that an action will not lie against a judge for a wrongful commitment, or for an erroneous judgment, or for any other act made or done by him in his judicial capacity, is as thoroughly established as are any other of the primary maxims of the law. Such an exemption is absolutely…
2Cases cited1 opinion
- Bradley v. FisherSupreme Court of the United States · 1872
3Cited by6 opinions
- Zalewski v. GallagherNew Jersey Superior Court Appellate Division · 1977
- Cashen v. SpannNew Jersey Superior Court Appellate Division · 1973
- DeGroot v. MuccioNew Jersey Superior Court Appellate Division · 1971
- Baldwin v. Point Pleasant Beach Surf ClubNew Jersey Superior Court Appellate Division · 1949
- Aetna Insurance Co. v. BlumenthalConnecticut Superior Court · 1942
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