Clark v. Spicer
Supreme Court of Kansas
Mror from. Lyon District Court. Trespass, brought by Henry Clark against Noyes Spicer, to recover damages for certain supposed illegal acts committed by said Spicer while acting as a justice of the peace. In July 1868 Clark was prosecuted criminally before said Spicer for “ misconduct in office” as school director.
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Mror from. Lyon District Court. Trespass, brought by Henry Clark against Noyes Spicer, to recover damages for certain supposed illegal acts committed by said Spicer while acting as a justice of the peace. In July 1868 Clark was prosecuted criminally before said Spicer for “ misconduct in office” as school director. The county attorney filed an information against Clark, which, after the caption and title, is as follows : “ William T. Galliher, county attorney for said Lyon county, now here in said court, in the name and by the authority and in behalf of the State of Kansas exhibits this his…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
I. Judicial offifoíeiífra ofle judgment. It is a general principal of law, that whenever a judicial officer acts within the scope of his jurisdiction, he is not liable, however erroneous his acts may be : 1 Chitty Pl., 78, and the numerous cases there cited; id., 182 to 184; Sherman and Redfield on Negligence, (185 Ed.,) 185, et seqana cases there cited. Any other rule would be attended with the most disastrous consequences. “Whenever we subject the established courts of the land to the degradation of private prosecution, we subdue their…
2Cases cited1 opinion
- Yates v. LansingNew York Supreme Court · 1810
3Cited by10 opinions
- Wagstaff v. SchippelSupreme Court of Kansas · 1882
- Grant v. WilliamsMontana Supreme Court · 1917
- Bellport v. HarkinsSupreme Court of Kansas · 1919
- Holland v. LutzSupreme Court of Kansas · 1965
- Brown v. LarimerSupreme Court of Kansas · 1931
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