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Moore v. Ames

1 Cole. & Cai. Cas. 490 Court N.Y. Sup. Ct. English

Contents

Majority

p. 490
Hugh Moore v. Roswell Ames.

Headnote

ON certiorari. The suit before the justice, waste 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 be overhauled before another justice.The magistrate in the first suit had exclusive jurisdiction to determine when the witness was in- contempt. ...