Black v. Linn
South Dakota Supreme Court
Appeal from Circuit Court, Fall River County. Hon. Levi McGee, Judge. Action by William Black against Arthur Linn and others. Judgment for defendants, and from an order refusing a new-trial, plaintiff appeals. If an officer not judicial abuses his office either by an act of omission or commission, the consequence of which is an injury to an individual an action lies against such officer for damages. Robinson v. Chamberlain, 34 N. Y. 389; Adsitv.
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Appeal from Circuit Court, Fall River County. Hon. Levi McGee, Judge. Action by William Black against Arthur Linn and others. Judgment for defendants, and from an order refusing a new-trial, plaintiff appeals. If an officer not judicial abuses his office either by an act of omission or commission, the consequence of which is an injury to an individual an action lies against such officer for damages. Robinson v. Chamberlain, 34 N. Y. 389; Adsitv. Brady, 4 Hill, 632; Lick v. Madden, 36 Cal. 208; Boardman v. Hayne, 29 Iowa 346; Blythe v. Tomkins, 2 Abb. Pr. 472; Rochester White Lead Co. v.…
1Opinion of the CourtFuller, J.
Plaintiff, an honorably discharged Union *337veteran, brought this action against the commandant and commissioners of the South Dakota Soldiers’ Home to recover damages arising from a grievance stated in his complaint as follows: “That the said defendants, on the 24th day of May, 1900, without cause, wickedly and maliciously, with intention to injure this plaintiff, issued an order dishonorably discharging this plaintiff from said South Dakota Soldiers’ Home, and did wickedly and maliciously, by force and threats, and against plaintiff’s will, and by violence, remove the said plaintiff from the…
2Cases cited9 opinions
- McCormick v. BurtIllinois Supreme Court · 1880
- Pike v. MegounSupreme Court of Missouri · 1869
- Yealy v. FinkSupreme Court of Pennsylvania · 1862
- Green v. SwiftCalifornia Supreme Court · 1874
- Lee v. HuffSupreme Court of Arkansas · 1896
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3Cited by2 opinions
- Speyer v. School District No. 1Supreme Court of Colorado · 1927
- Board of Commissioners v. DunlapSupreme Court of Colorado · 1928