McCall v. Cohen

Citations

• 16 S.C. 445
• 1882 S.C. LEXIS 17

Syllabus

<p>1. An order dismissing the complaint, passed at the proper stage of a trial, is not erroneous because that no motion for dismissal was made by defendants.</p> <p>2. A non-suit should not be granted in invitum where there is any evidence to go to the jury; but where, in action for damages for proceedings under a void judgment of a trial justice, there is no evidence that the trial justice acted willfully or corruptly, or that the plaintiffs willfully procured or oppressively enforced the illegal judgment, the complaint was properly dismissed by the order of the judge.</p> <p>3. The judge of an inferior court is not liable in damages for an injury resulting to a party by reason of an error of judgment committed by such officer in the discharge of his duty, where the subject-matter was within his jurisdiction — except, possibly, upon proof of a willful and corrupt motive.</p> <p>4. The rule is the same where his error of judgment was as to his jurisdiction of the persons of the defendants, in a case wherein he had undoubted jurisdiction of the subject-matter. The distinction between no jurisdiction and excess of jurisdiction declared in Bradley v. Fisher, 13 Wall. 335, ax>proved.</p>