Legal Opinion

Lange v. Benedict

Supreme Court of the United States

Decided October 15, 1878PublishedCited by 1 opinion

Motion to dismiss a writ of error to the Court of Appeals of the State of New York. This action was brought by Edward Lange in the Supreme Court of the State of New York, tq recover damages for his alleged unlawful imprisonment, by Charles L. Benedict, District Judge of the United States for the Eastern District of New York, who as such, by virtue of an act of Congress, held the Circuit Court of the United States for the Southern District of New York at the October Term…

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Motion to dismiss a writ of error to the Court of Appeals of the State of New York. This action was brought by Edward Lange in the Supreme Court of the State of New York, tq recover damages for his alleged unlawful imprisonment, by Charles L. Benedict, District Judge of the United States for the Eastern District of New York, who as such, by virtue of an act of Congress, held the Circuit Court of the United States for the Southern District of New York at the October Term thereof, 1873. At that term, so held by said Benedict, Lange was tried upon an indictment consisting of twelve counts; some…

1Opinion of the CourtChief Justice Waite

In Ex parte Lange (18 Wall. 163) we decided that the present plaintiff in error must be discharged from imprisonment, because the sentence under which he was held was, not authorized by law. In the present case, the Court of Appeals of New York held that even though such was the law the defendant in error is not liable in damages for the false imprisonment, because in pronouncing the judgment under which the imprisonment was had he acted as a judge, in his judicial capacity, and not so entirely in excess of his jurisdiction as to make it the arbitrary and unlawful act of a private person.…

2Cases cited1 opinion

  1. Ex Parte LangeSupreme Court of the United States · 1874

3Cited by1 opinion

  1. Lange v. BenedictSupreme Court of the United States · 1879

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