Evarts v. . Kiehl
New York Court of Appeals
Appeal from judgment of the General Term' of the City-Court of Brooklyn in favor of defendant, entered upon an order made at the March term, 1884, which directed a judgment on a verdict taken subject to the opinion of the court at General Term. The nature of the action and the material facts are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term' of the City-Court of Brooklyn in favor of defendant, entered upon an order made at the March term, 1884, which directed a judgment on a verdict taken subject to the opinion of the court at General Term. The nature of the action and the material facts are stated in the opinion. Section 3015 of the Code makes it the imperative duty of the justice to render a judgment and enter the same in his docket within four days after the submission of the case. His failure tó do so without a legal excuse is negligence, for the consequences "of which he would be…
1Opinion of the CourtDanforth, J.
It is a general rule that a person is not liable to an action at the suit of an individual, for what he does or fails to do as judge ( Yates v. Lansing, 5 Johns. 282, 291; 9 id. 395; Wickware v. Bryan, 11 Wend. 545), but where he omits a ministerial duty, or errs in its performance, it may be otherwise. Here the complaint is that the defendant, as justice, took jurisdiction of the cause of Stadtmuller v. Bartsch, and after issue joined, heard the evidence until the case was finally submitted for determination; that it then became his duty “to render judgment and enter it in his docket-book…
2Cases cited1 opinion
- Yates v. LansingNew York Supreme Court · 1810
3Cited by10 opinions
- Brusco v. BraunNew York Court of Appeals · 1994
- Waterman v. StateNew York Court of Claims · 1962
- Luckie v. GoddardNew York Supreme Court · 1939
- Brusco v. BraunAppellate Division of the Supreme Court of the State of New York · 1993
- Brusco v. BraunNew York Court of Appeals · 1994
5 more not listed; retrieve them via the Exa API.