Wickware v. Bryan
New York Supreme Court
Error from the Rensselaer common pleas. Wickware sued Bryan in a justice’s court, and declared against him in two counts : First, that Bryan as a justice of the peace, rendered a judgment against him, and wishing to appeal from the judgment, wrote to him for the exact amount of the judgment; that Bryan negligently and carelessly wrote to him that the amount of the judgment was $27,95, and that he accordingly prepared his appeal bond ; that the appeal was quashed for a…
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Error from the Rensselaer common pleas. Wickware sued Bryan in a justice’s court, and declared against him in two counts : First, that Bryan as a justice of the peace, rendered a judgment against him, and wishing to appeal from the judgment, wrote to him for the exact amount of the judgment; that Bryan negligently and carelessly wrote to him that the amount of the judgment was $27,95, and that he accordingly prepared his appeal bond ; that the appeal was quashed for a variance between the amount of the judgment specified in the bond, and the amount set forth in the return made on the appeal;…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The principal question in- this case is whether a justice of the peace is liable for negligence and carelessness in giving erroneous information as to the amount of a judgment rendered by him, whereby an appeal was quashed for variance between the amount of the judgment specified in the appeal bond and in the justice’s return.
It must be considered as the settled law of this court that no person is liable for any error committed in a judicial character ; and it is equally well
*548settled that he is liable for all ministerial acts, except those in which he has no…
2Cases cited2 opinions
- Tompkins v. SandsNew York Supreme Court · 1832
- Millard v. JenkinsNew York Supreme Court · 1832