 ... judges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly.  Reports of Cases Decided in the Court of Appeals of the State of New York - Page 25by New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Hiram Edward Sickels, Edmund Hamilton Smith, Louis J. Rezzemini, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1879Full view - About this book
 | Ernst Freund - 1911 - 716 pages
...judicial capacity, for any errors which he may commit, in a matter within his jurisdiction. Gwynne v. Pool, Lutw. 290. It has been, in modern days carried...their jurisdiction, and .are alleged to have been done maliciously_and corruptly. Bradjeyjv'. Fisher. 13 Wall^ 35L.20 L. Ed. 645. It is to be seen that in... | |
 | United States. Supreme Court - 1912 - 1054 pages
...civil action for any judicial act within their jurisdiction. Judges of superior or general authority, are not liable to civil actions for their judicial...when such acts are In excess of their jurisdiction, unless, perhaps, wheii done maliciously or corruptly. An action cannot be maintained by an attorney... | |
 | Eugene Allen Gilmore, William Charles Wermuth - 1914 - 840 pages
...jurisdiction where the judge acts maliciously or corruptly. To quote the exact language of the court: "They are not liable to civil actions for their judicial...when such acts are in excess of their jurisdiction, unless perhaps where -the acts, in excess of jurisdiction, are done maliciously or corruptly." There... | |
 | Charles Albert Keigwin - 1915 - 604 pages
...qualifying words used were not necessary to a correct statement of the law, and that judges of courts of superior or general jurisdiction are not liable...jurisdiction, and are alleged to have been done maliciously or corruptly. A distinction must be her; observed between excess of jurisdiction and the clear absence... | |
 | William Henry Lloyd - 1916 - 980 pages
...Randall v. Brigham, 7 Wall. 523.)" In the case last cited it is said of judges of superior courts: They are not liable to civil actions for their judicial...when such acts are in excess of their jurisdiction, unless perhaps they are done maliciously or corruptly. (Pp. 536, 537.) And in the other cases a distinction... | |
 | Heman Gerald Chapin - 1917 - 720 pages
...jurisdiction are collected lu Randall v. Brigbam, 7 Wall. 531, note L of inferior courts. The former are not liable to civil actions for their judicial...alleged to have been done maliciously and corruptly. But the weight of authority appears to be in favor of the doctrine that the latter will be responsible,... | |
 | Ohio. Courts - 1922 - 636 pages
...made in tho petition against the eight judges and twelve jurors, and that is that: Judges of courts of superior or general jurisdiction are not liable...jurisdiction. and are alleged to have been done maliciously or corruptly." Bradley v. Fisher, 80 US. 646 Nieiw'ber v. Tarvin, J., 1 NP, 110: Cooley on Torts, 474... | |
 | 1887 - 968 pages
...v. Fisher, 13 Wall. 335, where the court go a step further, and hold that judges of courts of record of superior or general jurisdiction are not liable...jurisdiction, and are alleged to have been done maliciously or corruptly. This was all that it was necessary to decide, because the defendant was a judge of a... | |
 | 1905 - 1052 pages
...said by Crompton, J., in Fray v. Blackburn, supra, and further declared — "That judges of courts of superior or general jurisdiction are not liable...in excess of their jurisdiction, and are alleged to nave been done maliciously or corruptly." In the light of these authorities, it plainly appears on... | |
 | 1898 - 1020 pages
...respect to them, no such limitation exists with respect to judges of superior or general authority. They are not liable to civil actions for their judicial...when such acts are in excess of their jurisdiction, unless, perhaps, where the acts In excess of jurisdiction are done maliciously or corruptly. This doctrine... | |
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