De Courcey v. Cox

California Supreme Court Jun 14, 1892 No. No. 14618Published

Before: Sharpstein

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Holding. A justice of the peace who issues a warrant and commitment for an act that does not constitute a crime lacks jurisdiction, rendering the proceedings void and the magistrate liable for false imprisonment.

Issues

Whether a complaint alleging that a justice of the peace issued a warrant and commitment for an act that was not a crime states a cause of action for false imprisonment.
Whether a magistrate is liable for damages when acting beyond the scope of their jurisdiction.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“If a magistrate acts beyond the limits of his jurisdiction, his proceedings are deemed to be coram non judice, and void; if he attempts to enforce any process founded on any judgment, sentence, or conviction in such case, he thereby becomes a trespasser.”

“She was charged with the commission of an act which did not constitute a crime, and therefore the defendant never acquired any jurisdiction to proceed in the matter, and the judgment and commitment are void on their faces.”

Synopsis

False Imprisonment — Commitment for Refusal to Return Money Overpaid — Liability of Justice — Judgment on Pleadings.—A complaint in an action against a justice of the peace, which alleges that the plaintiff was arrested upon a warrant issued by the defendant npon a complaint charging the plaintiff with refusing to return a sum of money claimed to have been overpaid her, and further alleging a conviction and the issuance of a committal by the defendant, and her imprisonment thereon, shows that the plaintiff was charged with the commission of an act which did not constitute a crime, and states a cause of action against the defendant for false imprisonment, and a motion for judgment for defendant on the pleadings should be denied.

Id. — Commitment without Jurisdiction — Charge of Act not Criminal — Trespass. — To justify an inferior magistrate in committing a person, he must have jurisdiction both of the subject-matter of the complaint and of the person of the defendant, and where the defendant is charged with the commission of an act not constituting a crime, a justice of the peace acquires no jurisdiction to proceed in the matter, and if he attempts to enforce any process of commitment in such case, he is answerable to the defendant as a trespasser.

Id. — Honesty of Purpose Ho Defense.—Honesty of purpose, while it may mitigate damages, cannot justify a clear usurpation of power by an inferior magistrate who has no jurisdiction of the subject-matter. Judgment on Pleadings — Demurrer — Inconsistent Rulings — Irregularity— Review upon Appeal. —The granting of a motion for judgment upon the pleadings, on the ground that the complaint does not state facts sufficient to constitute a cause of action, after the overruling of a demurrer based on that ground, is not a reversible error, but is an irregularity which should be avoided; but where the demurrer was properly overruled, and the motion improperly granted, the judgment will be reversed.

Sharpstein, J. The plaintiff brought an action against the defendant for false imprisonment. The complaint was demurred to on two grounds, one of which was, that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and defendant filed his answer to the complaint. After-wards, defendant gave plaintiff notice of a motion for judgment in favor of defendant upon the pleadings, which was granted, and a judgment was entered in favor of defendant for his costs and disbursements. From that judgment plaintiff has appealed.

If the complaint stated facts sufficient to constitute a cause of action, the court undoubtedly erred in granting defendant’s motion for judgment upon the pleadings. [668]The complaint states that upon a complaint made before defendant, a justice of the peace, charging plaintiff with refusing to return the sum of twenty dollars, alleged to have been overpaid said plaintiff by mistake by the El Cajon Vineyard Company, defendant issued a warrant of arrest, upon which plaintiff was arrested and brought before defendant, and required to and did plead to said charge, and after trial defendant rendered a judgment that plaintiff restore said amount of twenty dollars, or be committed to the county jail for twenty days, and that pursuant to said judgment defendant issued a commitment and placed it in the hands of an officer, who executed it by imprisoning plaintiff in the county jail for the period of three days. Copies of the judgment and the commitment are inserted in the complaint, which recites that defendant proceeded wholly upon a complaint which charged plaintiff with having wrongfully retained money overpaid to her by mistake. Defendant proceeded upon the charge as he might have done had it constituted a crime, which it clearly did not.

More than half a century ago, Spencer, C. J., speaking for the supreme court of the state of New York, said: “I consider it perfectly well settled, that to justify an inferior magistrate in committing a person, he must have jurisdiction, not pnly of the subject-matter of the complaint, but also of the person of the defendant.” (Bigelow v. Stearns, 19 Johns. 38; 10 Am. Dec. 189.)

“ If a magistrate acts beyond the limits of his jurisdiction, his proceedings are deemed to be coram non judice, and void; if he attempts to enforce any process founded on any judgment, sentence, or conviction in such case, he thereby becomes a trespasser.” (Piper v. Pearson, 2 Gray, 120; 61 Am. Dec. 438.)

De Courcey v. Cox

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