1787-11-13 (static/transcriptions/1787/11/303.jpg)

Extracts from the Argument of Sir John Powell (then one of the Barons of the Exchequer, afterwards one of the Justices B. R.) in this case.

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Lutw: fo. 1560. The question now is, whether an Action of Trespass and false imprisonment will lie against the Judge and Officer of an Inferior Court, for issuing Process & arresting the Plaintiff (where the cause of Action arose out of the Jurisdiction of that Court) or against the party who commenced the action there.
I am of opinion that this action will not lie against the Judge, or the officer, or the Plaintiff in the Inferior Court.
I think, that an Action will in no case lie against a Judge, (or officer, in obeying his Command,) where the Judge hath Jurisdiction.
I know of no authority in the Books which warrants or encourages any action against a Judge for that which he doth
Judicially;