Houghton v. Swarthout
Court for the Trial of Impeachments and Correction of Errors
Demurrer to declaration. The plaintiff declared in case against the defendant for a false return to an appeal made by him as a justice of the peace of one of the towns in Otsego county to the common pleas of that county.
Read the full summary
Demurrer to declaration. The plaintiff declared in case against the defendant for a false return to an appeal made by him as a justice of the peace of one of the towns in Otsego county to the common pleas of that county. The declaration contained two counts substantially alike, setting forth that a judgment was recovered against the plaintiff in this suit by one Palmer, before the defendant as a justice, for $37,46; from which the present plaintiff duly appealed to the common pleas, and that the defendant, ■'in the return which the statute required him to make, falsely stated the judgment to…
1Opinion of the Court
By the Court, Jewett, J.
The principle is settled, that for a judicial act no action lies. But for misfeasance or nonfeasance of a ministerial officer the party has redress'by an action on the case. (Tompkins v. Sands, 8 Wend. 462; Cunningham v. Bucklin, 8 Cowen, 178.)
It is made the duty of a justice of the peace who has rendered a judgment, from which a party has appealed within ten days after the same shall have been duly made, to make a return of the proceedings had before him to the court of common pleas of the county, in which shall be stated, among other things, “ the judgment rendered…
2Cases cited3 opinions
- Jenkins v. WaldronNew York Supreme Court · 1814
- Tompkins v. SandsNew York Supreme Court · 1832
- Kidzie v. SackriderNew York Supreme Court · 1817
3Cited by6 opinions
- Banister v. WakemanSupreme Court of Vermont · 1891
- Kelley v. UptonThe Superior Court of New York City · 1856
- Beardslee v. . DolgeNew York Court of Appeals · 1894
- Blythe v. TompkinsNew York Supreme Court · 1856
- Bennett v. TaylorNew York Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.