Legal Opinion

Wright v. White

Oregon Supreme Court

Decided March 4, 1941PublishedCited by 19 opinions

1Opinion of the CourtLusk, J.

When the state confers judicial powers upon an individual, it confers them with full immunity from private suits, 2 Cooley on Torts (4th Ed.) 426, § 312. *144In the case of injury to an individual resulting from the exercise of such powers, it is said that the law will rather suffer a private mischief than a public inconvenience. Expounding the doctrine, Judge Cooley says {ibid.):

“In effect, the State says to the officer that these duties are confided to his judgment; that he is to exercise his judgment fully, freely, and without favor, and he may exercise it without fear; that the duties concern…

2Cases cited13 opinions

  1. Spalding v. VilasSupreme Court of the United States · 1896
  2. Watts v. GerkingOregon Supreme Court · 1924
  3. Shaw v. MoonOregon Supreme Court · 1926
  4. Kalyton v. KalytonOregon Supreme Court · 1903
  5. Caspary v. City of PortlandOregon Supreme Court · 1890

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Lundgren v. FreemanCourt of Appeals for the Ninth Circuit · 1962
  2. Kuhnhausen v. StadelmanOregon Supreme Court · 1944
  3. Anderson v. Chambliss Et Ux.Oregon Supreme Court · 1953
  4. Eaton v. DowneySupreme Court of Iowa · 1962
  5. Whatcom County v. LanglieWashington Supreme Court · 1952

14 more not listed; retrieve them via the Exa API.

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