1787-11-13 (static/transcriptions/1787/11/304.jpg)

Judicially; I take the Law without dispute to be, that no Action lieth, 12 Rep. 25. 8 Rep. 121.
Dr. Bonham’s case. And there is no difference as to that between Superior and Inferior Judges; See Metcalfe [from] Hodgson. Hutt: 120.
As to the officer, I am of opinion, that he is not subject to any Action for executing the Command of a Judge or Court which hath Jurisdiction, altho’ the Precept be erroneous, or the Process inverso ordine. That was agreed in the Case of Marshalsea, 10 Co. 76. If a Capias issueth against a Peer, or without an original, the Sheriff is excused, Oyer 60, 61. 6 Co. 54. The Countess of Rutland’s case, 9 Co. 68.
And there is no difference as to that, between officers to Supreme Courts and other officers, 14. H. 8. 16.
1. I consider whether this Action lieth against the Judges and Officer.
2. Whether it will lie against the Plaintiff in the inferior Court.
As