Legal Opinion

Jordan v. Hanson

Supreme Court of New Hampshire

Decided January 15, 1870PublishedCited by 1 opinion

Case by Edgar A. Jordan against Bichard Hanson. The defendant demurred. The substance of the declaration was, that defendant was a justice of the peace, that upon complaint of one Blakely, charging plaintiff with disturbing a religious meeting, one Bay, a justice of the peace, issued his warrant, upon which plaintiff was arrested, and brought before defendant, to answer-to said complaint; that plaintiff was convicted, and sentenced by defendant to pay a fine of seven dollars…

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Case by Edgar A. Jordan against Bichard Hanson. The defendant demurred. The substance of the declaration was, that defendant was a justice of the peace, that upon complaint of one Blakely, charging plaintiff with disturbing a religious meeting, one Bay, a justice of the peace, issued his warrant, upon which plaintiff was arrested, and brought before defendant, to answer-to said complaint; that plaintiff was convicted, and sentenced by defendant to pay a fine of seven dollars and costs, and to recognize to keep the peace for one year, and stand committed until the sentence be performed ; that…

1Opinion of the Court

Bellows, C, J.

It must be considered as well settled in New Hampshire, that a judge is not answerable in a civil action on account of any judgment rendered by him, in a case within his jurisdiction. Evans v. Foster, 1 N. H. 374; Burnham v. Stevens, 33 N. H. 247.

In the later case, the same doctrine was applied to a justice of the peace, who had imposed a fine upon a person for a contempt in refusing to give his deposition when duly summoned. Then an action of trespass was brought against the magistrate, and it was decided that he was not answerable in a civil action for anything done by him in…

2Cases cited7 opinions

  1. Bigelow v. StearnsNew York Supreme Court · 1821
  2. Cunningham v. BucklinNew York Supreme Court · 1828
  3. Smith v. ComptonCalifornia Supreme Court · 1856
  4. Lancaster v. LaneIllinois Supreme Court · 1857
  5. Downing v. HerrickSupreme Judicial Court of Maine · 1859

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3Cited by1 opinion

  1. McCabe v. WhitehillNew Mexico Supreme Court · 1947

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