1787-11-13 (static/transcriptions/1787/11/305.jpg)
As to the Judge and Officer, first it is to be considered, whether in any case an Action lies against them when they exceed their Jurisdiction.
In the next place I will consider, whether the judge and officer have made themselves liable to this action by proceeding in that cause which they now admit, by the Demurrer, arose out of their Jurisdiction.
As to the first of these Matters, an Action (I think) will in no case lie against a Judge, where he keeps himself within the Limits of his Jurisdiction; nor against the officer, who obeys the command of such Judge. In 1 Rolle Abr: 92 are the authorities for that out of the old Books; and for the more modern Authorities, Dr. Bonham’s case, 8 Co. 121. And 12 Co. 25.
[Double Line]
I am of opinion also, that no action will be against the officer who executes the Precept of a Court, or Judge, who hath Jurisdiction. 27 Car. 2. B. R. Dr. Web— brought an Action of Trespass against Bachelor, a Constable, who justified by Warrant of a Justice of the Peace for not
performing