Robertson v. Hale
Supreme Court of New Hampshire
Trespass, for false imprisonment. Facts found by the court. The plaintiff was duly summoned, January 9, 1896, to appear before the defendant, a justice of the peace, at his office, on January 10, 1896, at 3 o’clock A. M., to give his deposition concerning an issue between the plaintiff and the trustee'in an action then pending, and was paid the legal fees for such attendance. He did not appear.
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Trespass, for false imprisonment. Facts found by the court. The plaintiff was duly summoned, January 9, 1896, to appear before the defendant, a justice of the peace, at his office, on January 10, 1896, at 3 o’clock A. M., to give his deposition concerning an issue between the plaintiff and the trustee'in an action then pending, and was paid the legal fees for such attendance. He did not appear. The subpoena was subsequently changed so as to read “ three o’clock in the afternoon ” instead of “ three o’clock in the forenoon,” and was again served upon the plaintiff in the forenoon of January…
1Opinion of the CourtWallace, J.
It is a general rule that courts and judges are not liable in civil actions for their judicial acts within the scope of their jurisdiction, and this protection extends to magistrates exercising an inferior and limited jurisdiction, as justices of the peace. For the purpose of securing a fearless and impartial administration of justice, the law exempts all judicial officers, from the highest to the lowest, from civil liability in the performance of their judicial duties within their jurisdiction; and to guard against an oppressive abuse of legal authority, makes them liable to impeachment or…
2Cases cited2 opinions
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- State v. IngersonSupreme Court of New Hampshire · 1882
3Cited by5 opinions
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- Berry v. SmithSupreme Court of Virginia · 1927
- Dickerson v. CrozierSupreme Court of Oklahoma · 1927
- Grant v. WilliamsMontana Supreme Court · 1917
- Moore v. CottonSupreme Court of New Hampshire · 1947