Legal Opinion

Johnson v. Moorman

Supreme Court of Virginia

Decided January 29, 1885PublishedCited by 21 opinions

Error to judgment of hustings court- of Danville, rendered 9th January, 1888, in an action of trespass on the case for false imprisonment, wherein W. A. Moorman was plaintiff and John H. Johnston was defendant. The defendant was mayor of Danville, and claimed to be acting in his judicial capacity when he caused the arrest and imprisonment of the plaintiff.

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Error to judgment of hustings court- of Danville, rendered 9th January, 1888, in an action of trespass on the case for false imprisonment, wherein W. A. Moorman was plaintiff and John H. Johnston was defendant. The defendant was mayor of Danville, and claimed to be acting in his judicial capacity when he caused the arrest and imprisonment of the plaintiff. At the trial the jury found a verdict for §2,000 damages in favor of the plaintiff, and the court entered judgment accordingly. To this judgment Johnston obtained, from one of the judges of this court, a writ of error and supersedeas.…

1Opinion of the CourtUiciiardsoN, J.

The main question for decision in this case is whether the mayor of a city or town acting within his jurisdiction and arresting offenders, actual or siipposed, can in any case be held liable for damages, however erroneous his action, and though prompted by malicious or corrupt motives.

The facts as certified are these: On the night of August 11th, 1882, there was a public meeting in the town of Danville, which was addressed by John E. Massej-, just before which one J. J. "Wilkinson had an affray or row on the street with one A. J. Clark; that during the affray or row one J. G-. Boney, a…

2Cases cited4 opinions

  1. Bradley v. FisherSupreme Court of the United States · 1872
  2. Randall v. BrighamSupreme Court of the United States · 1869
  3. Weaver v. DevendorfNew York Supreme Court · 1846
  4. Rains v. SimpsonTexas Supreme Court · 1878

3Cited by21 opinions

  1. Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
  2. Andrews v. RingSupreme Court of Virginia · 2003
  3. Norfolk & Western R. v. AmpeySupreme Court of Virginia · 1896
  4. Waugh v. DibbensSupreme Court of Oklahoma · 1916
  5. Bellamy v. Gates and GillSupreme Court of Virginia · 1973

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