JUDICIAL PROCEEDINGS. A proceeding which takes place in or under the authority of a court of justice, or which relates in some way to the administration of justice, or which legally ascertains any right or liabil ity, Hereford v. People, 197 Ill. 222, 64 N. E. 310.
Conclusive presumptions are made in favor of judicial proceedings. Thus, it is an un doubted rule of pleading that nothing shall be intended to be out of the jurisdiction of a superior court but that which is so ex pressly alleged ; 1 Saund. 74; 10 Q. B. 411, 455. So also, it is presumed, with respect to such writs as are actually issued, by the superior courts at Westminster, that they are duly issued, and in a case in which the courts have jurisdiction, unless the contrary appears on the face of them ; and all such writs will of themselves, and without any further allegation, protect all officers and others in their aid acting under them ; and this, too, although they are on the face of them irregular, or even void in form; 6 Co. 54 a; 10 Q. B. 411, 455.
The rule is well settled that words spoken in the course of judicial proceedings; though they are such as impute crime to another, and therefore if spoken elsewhere would im port malice and be actionable in themselves, are not actionable if they are applicable and pertinent to the subject of inquiry. And this extends not merely to regular courts of jus tice, but to all inquiries before magistrates, referees, municipal, military, and ecclesiasti cal bodies ; and they are only restrained by this rule, viz., that they shall be made in good faith to courts or tribunals having jurisdiction of the subject, and power to hear and decide the matter of Complaint or accusation, and that they are not resorted to as a cloak for private malice. The ques tion, therefore, in such cases is, not whether the words spoken are true, not whether they are actionable in themselves, but whether they were spoken in the course of judicial proceedings, and whether they were relevant and pertinent to the cause or subject of in quiry ; Newell, Def. Lib. & Sland. 424 ; Heard, Lib. & S. § 101. The rule that no ac tion will lie for words spoken or written in the course of any judicial proceeding has been acted upon from the earliest times. In 4 Co. 14 b, it was adjudged that if one ex hibits articles to justices of the peace, "In this case the parties shall not have, for any matter contained in such articles, any action upon the case, for they had pursued the ordi nary course of justice in such cases; and if actions should be permitted in such cases, those who have just cause for complaint would not dare to complain, for fear of in finite vexation." And it has been decided
that, though an affidavit made in a judicial proceeding is false, slanderous, and mali cious, no action will lie against the party making it ; 18 C. B. 126 ; 4 H. & N. 568.
The general rule is subject to this quali fication: that in all cases where the object or occasion of the words or Writing is re dress for an alleged wrong, or a proceeding in a tribunal or before some individual or associated body of men, such tribunal, in dividual, or body must be vested with au thority to render' judgment or 'make a de cision in the case, or to entertain the pro ceeding, in order to give them the protection of privileged communications. This quali fication of the rule runs through all the cases where the question is involved; Odg. Lib. & SI. 188, n.; Heard, Lib. & S. § 104. , Statements made extra-judicially to a magistrate with a view to asking his ad vice are not a judicial proceeding ; 3 B. & C. 24.
Official Records of the States. The consti tution provides that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. This applies as well to the judg ments and records of the courts of the sev eral territories; Suesenbach v. Wagner, 41 Minn. 108, 42 N. W. 925. Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall, be proved and the effect thereof. The term rec ords includes all executive, judicial, legisla tive, and ministerial acts, constituting the public records of the state ; Desty, Fed. Const. 203 ; White v. Burnley, 20 How. (U. S.) 250, 15 L. Ed. 886 ; Watrous' Heirs v. Mc Grew, 16 Tex. 509.
Legislative acts must be authenticated by the seal of the state; U. S. v. Johns, 4 Dall. (U. S.) 412, 1 L. Ed. 888.
As to the effect of judicial proceedings un der this provision, see FOREIGN JUDGMENTS. As to records generally, see RECORDS.
See generally, JUDGE; JUDGE-MADE LAW; JUDICIAL DOCUMENTS; JUDICIAL POWER; JURY.