Legal Opinion
King v. Lank
Superior Court of Delaware
Decided August 20, 1948No. Civil Action No. 60, 1948PublishedCited by 7 opinions
1Opinion of the Court
Carey, J.:
The penalty which was imposed upon the plaintiff by the defendant did not exceed the maximum prescribed by section 5680, Revised Code of Delaware 1935, as amended by 43 Laws of Delaware, c. 257, p. 1081, and the offense charged is within the jurisdiction of a Justice of the Peace by virtue of section 5683 Revised Code 1935.
The parties agree that a judicial officer acting in a judicial capacity within the scope of his jurisdiction can not be held personally liable in a civil proceeding therefor; but that if he acts wholly without even a color of jurisdiction, he may be sued…
2Cases cited6 opinions
- France v. Superior Court of CaliforniaCalifornia Supreme Court · 1927
- Thursby v. StewartSupreme Court of Florida · 1931
- Lea County State Bank v. McCaskey Register Co.New Mexico Supreme Court · 1935
- Lacey v. HendricksSupreme Court of Alabama · 1910
- Malone v. CareyCalifornia Court of Appeal · 1936
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gray's Hatchery & Poultry Farms, Inc. v. StevensSuperior Court of Delaware · 1950
- RADULSKI FOR TAYLOR v. Delaware State Hosp.Supreme Court of Delaware · 1988
- Walsh v. Diamond State Brewery, Inc.Superior Court of Delaware · 1951
- Rock v. Antoine's, Inc.Supreme Court of Delaware · 1964
- Dolbeer v. HartenIdaho Supreme Court · 1966
2 more not listed; retrieve them via the Exa API.