Grider v. Tally
Supreme Court of Alabama
Action on Official Bond of Probate Judge. Appeal from the Circuit Court of Jackson. The record does not show the name of the presiding judge.
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Action on Official Bond of Probate Judge. Appeal from the Circuit Court of Jackson. The record does not show the name of the presiding judge. This action was brought by William M. Crider, against John B. Tally and others, the sureties on his official bond as the probate judge of said county; and was commenced on the 9th November, 1881. The complaint set out the bond, which was dated the 24th August, 1880, and conditioned that the said Tally “ shall faithfully discharge the duties of such office, during the time he continues therein, or discharges any of the duties thereof;” and alleged, as a…
1Opinion of the Court
CLOPTON, J. —
-It is an unquestioned rule, founded on the *424public benefit, the necessity of maintaining the independence of the judiciary, and its untrammelled action in the administration of justice, that a judge can not be held to answer in a civil suit for doing, or omittiiig or refusing to do, an official act in the exercise of judicial power. His responsibility for the manner in which he discharges the high trusts committed to him is to the sovereignty from whom he derives his authority. It is, also, an undisputed rule, that an officer who is charged with the performance of ministerial…
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