Briggs v. Wardwell
Massachusetts Supreme Judicial Court
This was an action of trespass, brought against the defendant, as a justice of the peace, and was tried before Parker, J., at an adjourned session of the last October term in this county, upon the general issue.
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This was an action of trespass, brought against the defendant, as a justice of the peace, and was tried before Parker, J., at an adjourned session of the last October term in this county, upon the general issue. At the trial it appeared, by the report of the judge, that, in an action sued before the defendant against the present plaintiff, for a sum of money alleged to be due on account, the proceedings before the defendant were irregular, owing to his ignorance of judicial proceedings; and that judgment was rendered against the now plaintiff, from which judgment an appeal was claimed, but…
1Opinion of the CourtJackson, J.
It appears, from the judge’s report of the evidence at the trial, that the conduct of the defendant, which is complained of, arose from ignorance of the law, and not from any corrupt or ■malicious intentions. It is also difficult to imagine any considerable injury which the plaintiff could sustain, by being arrested a few hours earlier than by law he should have been.
* Under such circumstances the Court would go as far as possible, consistently with principles of law, in protecting a magistrate; as, on the other hand, when a magistrate, with improper motives or designs, wilfully abuses the…
2Cases cited7 opinions
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Rogers v. MullinerNew York Supreme Court · 1831
- Butler v. PotterNew York Supreme Court · 1819
- Gregory v. BrownCourt of Appeals of Kentucky · 1815
- Dyer v. SmithSupreme Court of Connecticut · 1837
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Wall v. TrumbullMichigan Supreme Court · 1867
- Parker v. StateCourt of Appeals of Maryland · 1995
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1941
- Truman v. WaltonOhio Supreme Court · 1899
- Henderson v. SmithWest Virginia Supreme Court · 1885
28 more not listed; retrieve them via the Exa API.