Tompkins v. Sands
New York Supreme Court
Delaware common pleas. Tompkins sued Sands in a justice’s court for refusing to accept an appeal bond in a suit in which Elliot had obtained a judgment against Tompkins, before Sands as a justice of the peace.
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Delaware common pleas. Tompkins sued Sands in a justice’s court for refusing to accept an appeal bond in a suit in which Elliot had obtained a judgment against Tompkins, before Sands as a justice of the peace. The plain- tiff declared in writing, in a special action on the case, setting forth the commencement of the suit by Elliot against Tomp- kins, before Sands as a justice of the peace, and the rendering of a judgment therein against Tompkins for $50 and costs ; that within ten days thereafter, Tompkins tendered to Sands a bond, duly executed with sufficient surety, which Sands re- fused…
1Opinion of the Court
By the Court, Savage, Ch. J.
The question presented in this case is whether a justice, who wilfully and maliciously refuses to approve the surety in an appeal bond, and thereby pre*466vents a defendant from appealing his cause, is liable to an action therefor. The plaintiff in error does not impugn the doctrine of judicial irresponsibility, but relies on the point that the act complained of was not a judicial, but a ministerial act.
It may sometimes be difficult to determine whether an act is judicial or ministerial. A justice of the peace performs acts of both kinds, and which are clearly…
2Cases cited4 opinions
- Phelps v. SillSupreme Court of Connecticut · 1804
- Case v. ShepherdNew York Supreme Court · 1800
- Percival v. JonesNew York Supreme Court · 1800
- Smith v. TrawlConnecticut Superior Court · 1790
3Cited by35 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Livingston v. HollenbeckNew York Supreme Court · 1847
- Harman v. BrothersonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Banister v. WakemanSupreme Court of Vermont · 1891
- Stewart v. HawleyNew York Supreme Court · 1839
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