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Moor v. Ames

3 Cai. 170 Court N.Y. Sup. Ct. English

Contents

Majority

p. 170
Hugh Moor against Roswell Ames.

Headnote

.An action will one justice, to recover back fineTmposedon a witness by ibi^cmitempt in a suit before ⅛™'
ON certiorari. The suit before the justice, was to recover back a fine of $ imposed by the now plaintiff upon the present defendant, for a contempt in refusing to be sworn, or answer as a witness in a cause tried before him.

A justice is not liable to a suit for a judicial act, and the merits of the imposition of the fine, cannot pe overhauled before another justice. The magistrate ⅛ the first suit had exclusive jurisdiction to determine when the witness was in contempt.