Edwards v. Wiley

CARMODY, Justice.

In this case, appellant sought damages from appellee, a justice of the peace, for a wrongful attachment. The appeal is from the trial court’s granting summary judgment in favor of the appellee.

Appellant concedes the correctness of the rule of judicial immunity for errors committed in the performance of judicial acts within a court’s jurisdiction, but contends that the appellee justice of the peace is civilly liable for his actions in a case where he either had no jurisdiction or exceeded the jurisdiction.

The claim of lack of or exceeding jurisdiction is based upon two…