Rouss v. Wright
Nebraska Supreme Court
This was an action brought in tbe district court of Douglas county against Wright, as a justice of the peace, and the sureties on his official bond, for the wrongful issuance of an attachment. Judgment below in favor of defendants, before Neville, J., and cause brought here for review on a petition in error. 1. The justice is liable where he acts beyond the limit of jurisdiction given him by law, either as regards the subject matter, person, or mode of proceeding.
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This was an action brought in tbe district court of Douglas county against Wright, as a justice of the peace, and the sureties on his official bond, for the wrongful issuance of an attachment. Judgment below in favor of defendants, before Neville, J., and cause brought here for review on a petition in error. 1. The justice is liable where he acts beyond the limit of jurisdiction given him by law, either as regards the subject matter, person, or mode of proceeding. Cooley on Torts, 417. Swan’s Justice, 10, 20. Hilliard on Torts, 185. Addison, 966. Little v. Moore, 4 N. J. Law, 74. Hall v.…
1Opinion of the CourtCobb, J.
In its third instruction the court informed the jury “that the claim upon which the attachment was based was one arising upon contract, and that the affidavit filed in said Wright’s court upon which said order of attachment was based, gave said Wright jurisdiction to issue said on der.”
The following is a copy of the bill of particulars referred to as “the claim upon which the attachment was based.”
“Isaac Levy vs. C. H. B. Rouss. ' Lu-Bill of particulars.
Plaintiff’s claim.
“To damages by delay in receiving goods bought of C. H. B. Rouss, and for delay caused by wrong shipment, sixty dollars.”
And…
2Cited by1 opinion
- Hart v. BarnesNebraska Supreme Court · 1888