Partain v. Maddox

Stolz, Judge.

1. "As a general rule 'the failure of a public officer to comply with the laws governing and regulating his powers and duties. . .usually subjects such officer to a civil action for damages.’ 22 R. C. L. 478. It is a well-established principle that a public official who fails to perform purely ministerial duties required by law is subject to an action for damages by one who is injured by his omission. However, it is equally well established that 'where an officer is invested with discretion and is empowered to exercise his judgment in matters brought before him, he is sometimes…