Rossanna Dupin Fray against Sir Colin Blackburn, Knight
| Jurisdiction | England & Wales |
| Judgment Date | 31 January 1863 |
| Date | 31 January 1863 |
| Court | Court of the Queen's Bench |
English Reports Citation: 122 E.R. 217
IN THE COURT OF QUEEN'S BENCH AND THE EXCHEQUER CHAMBER
Adopted, Dawkins v. Paulet, 1869, L. R. 5 Q. B. 116. Applied, Anderson v. Gorrie, (1895) 1 Q. B. 671.
rossanna dupin fray against sir colin blackburn, Knight. Saturday, January Slat, 1863.-Judge. Action. Malice.-An action does not lie against a Judge of one of the superior Courts for a judicial act, though it be alleged to have been done maliciously and corruptly. [Adopted, Dawkins v. Paulet, 1869, L. R. 5 Q. B. 116, Applied, Anderson v. Gonie, [1895] 1 Q. B. 671.] The declaration stated that heretofore, to wit on the 28th January, 1862, the defendant, than being one of the Judges of Her Majesty's Court of Queen's Bench, at Westminster, and the plaintiff then being the plaintiff in a certain action depending in the same Court, in which one Henry Edmund Voules was defendant, and certain costs of adjournment of the trial of the same cause being due to the plaintiff from the last named defendant, and the plaintiff having theretofore, to wit, on the 15th January, obtained a rule nisi of the same Court against the said Henry Edmund Voules for the payment of such costs, which rule came on to be argued before the said defendant hereto as Such Judge on the said 28th January, when no sufficient cause was shewn against making the same absolute : Yet the defendant so being such Judge, well knowing the premises and not regarding his duty in that behalf, did refuse to make such rule absolute, and, on the contrary [577] thereof, did discharge the same rule with costs, contrary to law: by means of wbich premises the plaintiff not only has not recovered the said costs so due to her, and amounting, to wit, to the sum of 201., but she is liable to pay the costs so then ordered by the defendant to be paid by her, amounting, to- wit, to 101., and the plaintiff has necessarily incurred divers costs and expenses, amounting, to wit, to 201., iu and about legal resistance to the last mentioned order; and the plaintiff has sustained other wrongs and injuries thereby : and the plaintiff claims 501. Demurrer, and joinder therein. The points set down to be argued on behalf of the defendant were : First, That no action lies against a Judge of one of the superior Courts for anything done by him in hia judicial capacity, and that it appears by the declaration that the act complained of was so done. Secondly. That the declaration was...
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