Cunningham v. Bucklin
New York Supreme Court
On demurrer to the special plea. The declaration eontained three counts, which were in case against the defendants for alleged corruption and misconduct as a commissioner in discharging an insolvent who was indebted to the plaintiff. The counts were substantially alike in parti cu-1 , J , r lars. They alleged that the plaintiff was a creditor of one Shepherd, and sued him by capias returnable at August term, 1824. That Shepherd put in special bail to the ac- • aaa tion.
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On demurrer to the special plea. The declaration eontained three counts, which were in case against the defendants for alleged corruption and misconduct as a commissioner in discharging an insolvent who was indebted to the plaintiff. The counts were substantially alike in parti cu-1 , J , r lars. They alleged that the plaintiff was a creditor of one Shepherd, and sued him by capias returnable at August term, 1824. That Shepherd put in special bail to the ac- • aaa tion. That on the 14th of September, 1824, while the suit was pending. Shepherd petitioned the defendant, Bucklin, a commissioner…
1Opinion of the Court
Curia, per Savage, Oh. J.
The principal question argued, though I think not necessarily involved in the demurrer, is, whether a judge of a court of record is responsible for a corrupt exercise of his office ?
The question upon the record is, whether malicious and corrupt conduct in his office can be alleged and proved against a person acting under a special and limited jurisdiction, in contradiction to his own record, which is declared by statute to be conclusive evidence ?
*The declaration expressly charges that the defendant acted corruptly and maliciously and without jurisdiction, in granting…
2Cases cited4 opinions
- Yates v. LansingNew York Supreme Court · 1810
- Bigelow v. StearnsNew York Supreme Court · 1821
- Jenkins v. WaldronNew York Supreme Court · 1814
- M'Dowell v. Van DeusenNew York Supreme Court · 1815
3Cited by21 opinions
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Pike v. MegounSupreme Court of Missouri · 1869
- Irion v. LewisSupreme Court of Alabama · 1876
- Wyatt v. ArnotCalifornia Court of Appeal · 1907
- Craig v. BurnettSupreme Court of Alabama · 1858
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