White v. Morse

• Decision Date: 02 March 1885
• Citation: 29 N.E. 539,139 Mass. 162
• Parties: WHITE v. MORSE.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

139 Mass. 162

29 N.E. 539

WHITE

v.MORSE.¹

Supreme Judicial Court of Massachusetts, Middlesex.

March 2, 1885.

Appeal from superior court, Middlesex county; ROCKWELL, Judge.

Albert White sued Edwin C. Morse for damages for acts done by defendant as trial justice. Judgment for defendant. Plaintiff appeals. Affirmed.

N.D. Pratt, for appellant.

P.H. Cooney, for appellee.

MORTON, C.J.

The principle that judicial officers, whether of superior or inferior courts, are not liable to civil actions for errors of judgment upon matters within their jurisdiction, is too well established to require any citation of authorities. In the case before us it appears that one Shattuck, in November, 1883, sued out a trustee writ against the present plaintiff, returnable before the defendant, who is a trial justice. The writ was duly served, and the defendant, as trial justice, had jurisdiction of the parties to the suit and of the subject-matter. After due hearing, he rendered judgment for the plaintiff in that action for $10 damages, and $11.98 costs of suit, and the trustee was duly charged. No appeal having been claimed, the trial justice issued an execution for the amount of the judgment. The execution was paid by the trustee from funds in his hands belonging to the present plaintiff, who thereupon brought this action to recover of the trial justice the amount paid as costs upon said execution, upon the ground that, under Pub.St. c. 183, § 88,² he had no right to render judgment or to issue execution for costs. The action cannot be maintained. The question whether, in the case pending before him, the plaintiff was entitled to costs, was a judicial question, which the trial justice was required to adjudicate. His decision of this question was strictly within his jurisdiction. It is true that, if a justice of the peace exceeds his jurisdiction, he is liable to a private action for any wrongful act done outside of his jurisdiction to the injury of another. Piper v. Pearson, 2 Gray, 120; Clarke v. May, Id. 410; Sullivan v. Jones, Id. 570. In this case, in rendering a judgment for costs, the defendant was not acting outside or in excess of his jurisdiction. His error was an error of judgment in deciding a question of law which he was obliged to decide, and which was within the scope and limits of his jurisdiction. For such error he is not liable to the plaintiff, whose proper remedy was by an appeal. The plaintiff contends that the defendant, if not liable for rendering an...