Emilia Alzua v. Finley Johnson
| Decision Date | 10 November 1913 |
| Docket Number | No. 306,306 |
| Citation | 231 U.S. 106,34 S.Ct. 27,58 L.Ed. 142 |
| Parties | EMILIA ALZUA and Ignacio Arnalot, Plffs. in Err., v. E. FINLEY JOHNSON |
| Court | U.S. Supreme Court |
Messrs. Henry W. Van Dyke, Charies A. Douglas, Hugh H. Obear, and Thomas Ruffin for plaintiffs in error.
Messrs. A. B. Browne, W. A. Kincaid, Alex. Britton, and Evans Brone for defendant in error.
This is a suit brought by the plaintiffs in error against a justice of the supreme court of the Philippine Islands. Its allegations, much abridged, are as follows: The plaintiff Alzua had a judgment, in cause No. 3274, declared to be a first lien upon two stores, among other things, of Martinez, widow of Soler, and Riu, the judgment debtors; the sheriff levied; two Solers, sons of Martinez, demanded that the sheriff dismiss the levy as they were owners of the stock levied upon; the plaintiff Alzua gave the sheriff a bond, on October 14, 1905, and thereupon the sheriff proceeded to advertise and sell the property concerned. On the same October 14 the above-mentioned Solers brought suit (No. 4017) against the sheriff and the present plaintiff, Alzua, alleging that the Solers owned and were entitled to possession of the property, and praying for an injunction and damages. The trial court decided for the sheriff and Alzua and the Solers appealed to the supreme court. On March 27, 1907, that court, including the defendant, affirmed the decision, postponing a statement of the grounds, and ordered judgment in twenty days and a return of the record ten days thereafter. The term ended on March 31. In vacation, on April 8, the defendant, without consulting the other judges, changed the judgment of affirmance to one of reversal, and gave orders accordingly; so that on July 29 the record was returned to the court below with judgment reversed. The defendant then prepared a decision, filed September 14, which was signed by five justices, including the defendant, and with intent to injure Alzua falsely stated therein that the Solers were preferred creditors of Martinez and Riu, well knowing that they alleged themselves to be owners, and that Martinez and Riu were not parties to the suit, and could not be bound by the decision. No final judgment has been rendered in the cause.
On August 22, 1907, the Solers brought another suit, No. 5719, against the sheriff, Alzua, her husband and the other obligors on the bond given to the sheriff, to which Martinez and Riu afterwards were made parties, alleging that the Solers had a preferred credit in the previously mentioned property. On November 29, the court dismissed the suit as to all but Martinez, who confessed liability, and entered judgment against her. The Solers appealed to the supreme court and the case was submitted to six judges, including the defendant. The defendant prepared a decision, and, with intent to injure the plaintiff, set forth further false statements, viz.: that in the demand on the sheriff that he dismiss the levy, the guardian ad litem of the Solers alleged that their claim was a preferred claim, whereas they claimed as owners and partners; that the supreme court had decided in the former suit, No. 4017, that the Solers had a preferred credit for P. 9,868.29, whereas the defendant knew that the decision in 4017 had not been pleaded or put in evidence; that the cause No. 5719 was brought upon the bond for the above sum together with damages, etc., P. 11,068; the defendant, knowing that the sheriff, acting sheriff, Martinez, and Riu were also defendants, and that the first named sum alone was in issue and no damages proved; that the cause No. 5719 was instituted on October 1, 1907, well knowing that it was begun on August 22, before, not after, the last decision (of September 14) in the former case; that the record in No. 5719 shows that the bond was given to the sheriff after issue of an injunction in No. 4017, whereas it does not; and finally that the sureties on the bond had bound themselves thereby to respond to the Solers for the amount of the claim that the Solers had against Martinez and Riu, whereas the bond was given to the sheriff, and the Solers were not parties to it.
The declaration goes on to allege that with the same intent the defendant did not discuss the actual questions or evidence; that he obtained the signatures of the other judges upon his representation that the decision set forth an impartial and fair statement of the case, he knowing the contrary; and further, that Justice Elliott, who sat at the hearing, did not sign the decision, and was not informed of it. It further alleges that defendant omitted the names of Martinez and Riu, and directed the clerk to enter judgment against the other defendants only, knowing who were parties and what had been the judgment below. Thereafter, on February 8, 1910, pursuant to the decision and defendant...
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