Case v. Bush
Supreme Court of Connecticut
Action to recover damages resulting from the alleged corrupt and malicious usurpation of judicial authority by the defendant as judge of probate, brought to and tried by the Superior Court in New London County, Keeler, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff.
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Action to recover damages resulting from the alleged corrupt and malicious usurpation of judicial authority by the defendant as judge of probate, brought to and tried by the Superior Court in New London County, Keeler, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. The complaint alleges that Clara M. Root died intestate in 1913 leaving certain real estate; that the defendant as judge of probate appointed administrators on her estate, which was finally settled and the real estate in question distributed to the plaintiff on October 21st, 1914. On October…
1Opinion of the CourtBeach, J.
Plaintiff relies on the rule that the judge of an inferior court is personally liable for the injuries consequent on a judgment given in a cause over which he had no jurisdiction. The rule is formulated in Prince v. Thomas, 11 Conn. 472, as follows: "If a warrant issues from a magistrate or officer of special and limited powers, who has not jurisdiction of the person, subject-matter and process, all who are voluntarily and actively engaged in its procurement and execution, are trespassers.” This rule has been applied in a number of cases in which void process was issued by a justice of the…
2Cases cited15 opinions
- Bradley v. FisherSupreme Court of the United States · 1872
- Ex Parte LangeSupreme Court of the United States · 1874
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Lange v. . BenedictNew York Court of Appeals · 1878
- Grumon v. RaymondSupreme Court of Connecticut · 1814
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3Cited by27 opinions
- Telesco v. TelescoSupreme Court of Connecticut · 1982
- Gross v. RellCourt of Appeals for the Second Circuit · 2009
- Reed v. ReinckeSupreme Court of Connecticut · 1967
- Artman v. ArtmanSupreme Court of Connecticut · 1930
- Demar v. Open Space & Conservation CommissionSupreme Court of Connecticut · 1989
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