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151 Ala. 416

Burgin v. Sullivan

Supreme Court of Alabama

Decided June 6, 1907

Supreme Court of Alabama · decided 1907-06-06

Heard before Hon. William Jackson. Action by Claude Burgin, by Ms next friend, against J. J. Sullivan and others. From a judgment for defendants, plaintiff appeals. Held: and because the facts set out in each one of the special pleas are available under the general issue.

Relies on Coleman v. Roberts · Woodruff v. Stewart · Busteed v. Parsons

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1907-06-06

How this case has been cited

Cited by 5 later decisions — most recently November 1931

5 state decisions

201907191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DOWDELL, 4.

¶1The first three assignments of error relate to rulings of the court .on demurrers to the third, fourth, and fifth special pleas. If it be conceded that the matters of defense set up in these pleas was available to the defendants under the plea of the general issue, no injury could result in overruling the demurrer on this particular ground. The matters set up in the pleas constituted a complete defense to the action, and the pleas were not subject to any of the other grounds set forth in the demurrers The law is too well settled in this state to admit of controversy that a judicial officer cannot he held liable for damages in a civil action for his judicial acts, no matter how mistaken or erroneous they may be Coleman v. Roberts, 113 Ala. 323, 21 South. 449, 36 L. R. A. 84, 59 Am. St. Rep. 111; Heard v. Harris, 68 Ala. 43; Woodruff v. Stewart, 63 Ala. 206; Busteed v. Parsons, 54 Ala. 393, 25 Am. Rep. 688; Mechem on Public Officers, § 619 et seq.; Cooley on Torts, 403 et sey.; 12 Am. & Eng. Ency. of Law (d Ed.) pp. 758, 759.

¶2There was no conflict in the evidence as to the matters of defense set up in the special pleas, and on the undisputed evidence the trial court properly gave the general affirmative charge requested in writing by the defendants. There being no reversible error in the record, the judgment appealed from is affirmed.

¶3Affirmed.

Tyson, C. J., and Andekson and McClellan, JJ., concur.
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