Oppenheimer v. Ashburn

Plaintiff’s complaint alleges liability of defendant judges under a statute which calls for a forfeiture 'of an amount not exceeding $5,000 for refusal to grant an order for a writ of habeas corpus ‘ ‘ after a proper application is made. ” As we point out infra, the complaint succumbs to a general demurrer because it consists of conclusionary plead ings, and, because, under plaintiff’s theory that the section applies to the exercise of judicial judgment, it fails to state a cause of action since the statute is unconstitutional. We shall point out, likewise, that the court properly sustained…