Casey v. Casey
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Dene H. Coleman, Judge; STATEMENT OE EAOTS. S. M. Casey instituted this action in the circuit court against Earl C. Casey, R. R. Case, and J. S. Handford, to recover damages for false arrest or false imprisonment and they seek to justify the same on the ground that it was legal.
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Appeal from Independence Circuit Court; Dene H. Coleman, Judge; STATEMENT OE EAOTS. S. M. Casey instituted this action in the circuit court against Earl C. Casey, R. R. Case, and J. S. Handford, to recover damages for false arrest or false imprisonment and they seek to justify the same on the ground that it was legal. The material facts are as follows: The Union Bank & Trust Company was at the time of the transaction complained of, engaged in the b'anking business at Bates-ville, Arkansas. D. D. Adams was president, and Charles D. Metcalf, secretary and treasurer, and Albert Sims and J. S.…
1Opinion of the CourtHart, J.
(after stating the facts). The question of the civil liability of a judicial officer for a false arrest or for false imprisonment has been much discussed both by courts and text writers. On the one hand the inviolability of personal liberty except under the forms of the law is involved, and, on the other, the dignity and independence of the judiciary should be considered. It has been frequently said that the general rule applicable to all judicial officers is that where the officer has jurisdiction of the person and of the subject-matter he is exempt from civil, liability for false…
2Cases cited5 opinions
- Ex parte JacksonSupreme Court of Arkansas · 1885
- Trammell v. Town of RussellvilleSupreme Court of Arkansas · 1879
- McIntosh v. Bullard, Earnheart & MagnessSupreme Court of Arkansas · 1910
- Vanderpool v. StateSupreme Court of Arkansas · 1879
- Thompson v. WhippleSupreme Court of Arkansas · 1891
3Cited by3 opinions
- State v. BryantSupreme Court of Arkansas · 1951
- Hutson v. State Ex Rel. Hempstead CountySupreme Court of Arkansas · 1926
- State v. BryantSupreme Court of Arkansas · 1951