Legal Opinion

Heard v. Harris

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 12 opinions

Appeal from the Circuit Court of Perry. Tried before the Hon. Geoiige H. Craig-. The facts are sufficiently stated in the opinion of the court.

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Appeal from the Circuit Court of Perry. Tried before the Hon. Geoiige H. Craig-. The facts are sufficiently stated in the opinion of the court. A justice of the peace is not liable to a civil action for errors of judgment on the trial of a cause within his jurisdiction, nor is he liable for irregularities in process issued by him as such justice. — Irvin v. Lewis, 56 Ala. 190: Hamilton v. Williams, 26 Ala. 527; Busteed v. Parsons, 54 Ala. 393 ; 2 Sanders PI. & Ev. 613 ; Weaver v. Devendorf, 3 Denio, 117 ; Floyd v. Barker, 12 Eep. 23; Binning v. Bentham, 2 Bay, 1 ; Yates v. Lansing, 9 Johns,…

1Opinion of the Court

BB1CKELL, C. J.

This was an action for false imprisonment, in which the appellee was plaintiff, and the appellant was defendant. The special pleas, to which demurrers were sustained, justify the acts complained of, upon the ground that they were judicial, done by the defendant, while in the exercise of„his jurisdiction as a justice of the peace. The material facts, as shown by the pleadings and evidence, are, that on the 14th November, 1878, one Zebadee Harris, on oath complained to the appellant as a justice of the peace, that the appellee had threatened and laid hands of violence on him, and…

2Cases cited2 opinions

  1. Irion v. LewisSupreme Court of Alabama · 1876
  2. Woodruff v. StewartSupreme Court of Alabama · 1879

3Cited by12 opinions

  1. Brown v. StateSupreme Court of Alabama · 1895
  2. Broom v. DouglassSupreme Court of Alabama · 1912
  3. Coleman v. RobertsSupreme Court of Alabama · 1896
  4. Pickett v. RichardsonSupreme Court of Alabama · 1931
  5. Lacey v. HendricksSupreme Court of Alabama · 1910

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