Howe v. Mason
Supreme Court of Iowa
Appeal from Clayton District Court. This action is upon the official bond of the defendant, Mason, as justice of the peace. The breach assigned is the careless, negligent, willful and corrupt discharge of the duties of said office. It appears that one Teeter brought an action of replevin against the plaintiff, for the possession of a colt. The defendant as justice, issued the writ of replevin, under which the officer took possession of the colt and delivered it to Teeter.
Read the full summary
Appeal from Clayton District Court. This action is upon the official bond of the defendant, Mason, as justice of the peace. The breach assigned is the careless, negligent, willful and corrupt discharge of the duties of said office. It appears that one Teeter brought an action of replevin against the plaintiff, for the possession of a colt. The defendant as justice, issued the writ of replevin, under which the officer took possession of the colt and delivered it to Teeter. As soon as Teeter became pos: sessed of the property he abandoned his action. It is claimed by the plaintiff that…
1Opinion of the CourtBaldwin, C. J.
The Court was asked by tbe'defendant to instruct the jury as follows: “A justice of tbe peace is a judicial officer, and is not liable to answer ■ for any judgment whether of law or fact.” To this instruction tbe Court added tbe following: “But on approving a bond which is required to be approved by him, be does not act as a judicial, but as a ministerial officer, and ministerial officers may be liable for errors of law and of fact.” Tbe instruction as thus modified was given to tbe jury, and to this ruling tbe defendants except.
It appears that one of tbe sureties in the replevin bond was a…
2Cases cited5 opinions
- Yates v. LansingNew York Supreme Court · 1810
- Tompkins v. SandsNew York Supreme Court · 1832
- Phelps v. SillSupreme Court of Connecticut · 1804
- Rodemeyer v. RodmanSupreme Court of Iowa · 1858
- Smith v. TrawlConnecticut Superior Court · 1790
3Cited by7 opinions
- Henke v. McCordSupreme Court of Iowa · 1880
- Henderson v. SmithWest Virginia Supreme Court · 1885
- Wasson v. MitchellSupreme Court of Iowa · 1864
- Grant v. WilliamsMontana Supreme Court · 1917
- Hubbard v. SwitzerSupreme Court of Iowa · 1878
2 more not listed; retrieve them via the Exa API.