Hollon v. Lilly
Court of Appeals of Kentucky
Case 77 — PETITION ORDINARY APPEAL EBOM CLARK CIRCUIT COURT. 1. A judge is liable as a trespasser to the injured party, when he acts from impure motives or wilfully and corruptly in the exercise of his judicial functions, renders a decision or does an act which amounts to an unjust oppression or wrong.
Read the full summary
Case 77 — PETITION ORDINARY APPEAL EBOM CLARK CIRCUIT COURT. 1. A judge is liable as a trespasser to the injured party, when he acts from impure motives or wilfully and corruptly in the exercise of his judicial functions, renders a decision or does an act which amounts to an unjust oppression or wrong. (Kennedy v. Terrill, Hardin, 491; Ayars v. Cox, 10 Bush, 203; Chrisman v. Bruce, 1 Duvall, 68; Morgan v. Dudley, 18 B. M., 693.) 2. The evidence that appellee was seen to take several drinks of whisky the day of and before the commitment, and that he said afterwards “that he did not know that…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court:
This suit was instituted by the plaintiff, Hollon, against the defendant, Lilly, alleging that defendant was the presiding judge of the Wolfe Circuit Court; that at the July term of said court, in 1892, whilst the grand jury was in session, he was called on to testify; that, after answering other questions, the foreman of the grand jury asked him if he had had carnal intercourse with any woman in Wolfe county within the past twelve months, and that upon his refusal to answer the said foreman of the grand jury carried bim before the defendant, who…
2Cited by8 opinions
- Horton E. Ryan, Individually and as Next Friend of Shana Ryan v. W. T. ScogginCourt of Appeals for the Tenth Circuit · 1957
- Rammage v. KendallCourt of Appeals of Kentucky · 1916
- Manning v. KetchamCourt of Appeals for the Sixth Circuit · 1932
- Commonwealth v. TiltonCourt of Appeals of Kentucky · 1901
- Henry v. CommonwealthCourt of Appeals of Kentucky · 1907
3 more not listed; retrieve them via the Exa API.