Legal Opinion

O'Connell v. Mason

Court of Appeals for the First Circuit

Decided August 25, 1904No. 519PublishedCited by 39 opinions

In Error to the Circuit Court of the United States for the District of Massachusetts. 0

1Opinion of the Court

ALDRICH, District Judge.

The rule of law which holds that judges of courts of general jurisdiction shall only be subject to civil actions by private suitors in certain exceptional cases — as, for instance, where the acts complained of are clearly outside the jurisdiction of the court in which the judge presides — is very old and well understood. It is by no means and in no sense a rule of nonliability of modern enunciation or invention. The rule is founded upon a public policy which demands an independent judiciary, the leading idea being not so much protection to the judges or the courts as…

2Cited by39 opinions

  1. Evans v. CroomCourt of Appeals for the Fourth Circuit · 1981
  2. Flint v. HaynesCourt of Appeals for the Fourth Circuit · 1981
  3. Brockton Savings Bank v. Peat, Marwick, Mitchell & Co., First United Fund, Ltd.Court of Appeals for the First Circuit · 1985
  4. Kenney v. FoxCourt of Appeals for the Sixth Circuit · 1956
  5. Paul X. Duhart v. Norman A. Carlson, Director of Prisons, John N. Mitchell, as Attorney General of the United StatesCourt of Appeals for the Tenth Circuit · 1972

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