Craig v. Burnett
Supreme Court of Alabama
[action to recover damages for false imprisonment.] Appeal from tbe Circuit Court of Dallas. Tried before tbe Hon. JoHN Gill Shorter. The complaint in this case was in these words : “James T. Burnett,\ The plaintiff claims of the dews.
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[action to recover damages for false imprisonment.] Appeal from tbe Circuit Court of Dallas. Tried before tbe Hon. JoHN Gill Shorter. The complaint in this case was in these words : “James T. Burnett,\ The plaintiff claims of the dews. I fendants the sum of $10,000, as James D. Craig, f damages for maliciously and with-Thomas J. Portis, Í out probable cause therefor arrest-Daniel S. Troy, \ ing and imprisoning, and causing and John P. Bulks./ to be arrested and imprisoned, the said plaintiff, during the month of February, 1856.” A demurrer was interposed to the complaint, but was overruled by…
1Opinion of the CourtWalker, J.
In the imposition of imprisonment upon the plaintiff, th'e defendants certainly acted as judges. The general rule is, that there is no responsibility to the injured party, for errors committed by officers in the exercise of judicial functions. An exception to the rule is admitted, where the judicial officer of an inferior court not of record exercises an authority not within the scope of his jurisdiction. — Duckworth v. Johnson, 7 Ala. 578; Hamilton v. Williams, 26 Ala. 527; Yates v. Lansing, 5 Johns. 282; S. C., 9 Johns. 394; Piper v. Pearson, 2 Gray, 120; Clark v. May, 2 Gray, 410; Sullivan…
2Cases cited13 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Yates v. LansingNew York Supreme Court · 1810
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Jenkins v. WaldronNew York Supreme Court · 1814
- Ex parte BurnettSupreme Court of Alabama · 1857
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Broom v. DouglassSupreme Court of Alabama · 1912
- Morton v. Mayor of MaconSupreme Court of Georgia · 1900
- Dillard v. WebbSupreme Court of Alabama · 1876
- Woodruff v. StewartSupreme Court of Alabama · 1879
- City of Bessemer v. EidgeSupreme Court of Alabama · 1909
11 more not listed; retrieve them via the Exa API.