Wilcox v. Williamson
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. This was an action of trespass for false imprisonment, and is here on demurrer.
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. This was an action of trespass for false imprisonment, and is here on demurrer. The declaration alleges that the defendant, E. C. Williamson, as Mayor of the town of Hazlehurst, caused the plaintiff, "V. R. Wilcox, by his body to be brought before him, and then and there arraigned the said plaintiff, and of his own motion, without any charge against said plaintiff supported by affidavit of any person, and without any writ or warrant causing him to be brought before him, as aforesaid, and although the plaintiff had…
1Opinion of the CourtChalmers, J.
The general rule is that a judicial officer cannot be made civilly or criminally liable for his acts as such, save upon an allegation and proof that they were corruptly done, and many courts deny that he can be made liable even where there has been corruption, if the judge is one of superior and general jurisdiction, though his act transcends his jurisdiction. As to courts of inferior and limited jurisdiction the general rule laid down is that the judge is not liable when he acts within, but is liable when he acts without, his jurisdiction. This rule makes the liability depend upon the…
2Cases cited5 opinions
- Lange v. . BenedictNew York Court of Appeals · 1878
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
- Tracy v. WilliamsSupreme Court of Connecticut · 1821
- Stone v. GravesSupreme Court of Missouri · 1843
- Bigham v. StateMississippi Supreme Court · 1882
3Cited by7 opinions
- Harris County v. StewartTexas Supreme Court · 1897
- State v. KuselWyoming Supreme Court · 1923
- Bell v. McKinneyMississippi Supreme Court · 1885
- Kitchens v. BarlowMississippi Supreme Court · 1964
- State Ex Rel. Little v. United States Fidelity & Guar. Co.Mississippi Supreme Court · 1953
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