Brock v. Hopkins
Nebraska Supreme Court
Error from the district court of Otoe county. It was an action brought by Brock against Hopkins, and the petition alleges that in May, 1872, the latter was county clerk and ess officio clerk of the district court for Otoe county; that at said term the plaintiff.
Read the full summary
Error from the district court of Otoe county. It was an action brought by Brock against Hopkins, and the petition alleges that in May, 1872, the latter was county clerk and ess officio clerk of the district court for Otoe county; that at said term the plaintiff. Brock, recovered a judgment against one John Heed for the sum of $544 damages and $13.60 costs of suit; that on the 29th of May, 1872, Brock caused an execution to be issued against said Beed on said judgment and placed in the hands of the sheriff of said Otoe county for service and collection; that the said Beed, jndgment debtor, had…
1Opinion of the Court
Lake, Ch. J.
This is a petition in error from Otoe county, and presents but a single question for our decision. It is simply whether a clerk of a district court, who “ negligently and carelessly” takes insufficient security for stay of execution, is liable, at the suit of the judgment creditor, for the damages thereby occasioned.
The learned judge in the court below held, that in such case, the clerk was not liable. This decision was based on the ground that in taking such security he acts judicially; and that judicial officers are not liable for acts negligently or carelessly performed,…
2Cited by3 opinions
- Allen v. MillerNebraska Supreme Court · 1942
- Jeffres v. Countryside Homes of Lincoln, Inc.Nebraska Supreme Court · 1983
- State v. HastingsNebraska Supreme Court · 1893