LANGE
v.
BENEDICT

U.S. | 1878-10-01
99 U.S. 68 Supreme Court of the United States (1878) Positive Treatment
Also reported at: 25 L. Ed. 469 · 1878 U.S. LEXIS 1508 · SCDB 1878-190
Cited by 7 cases
Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court.

In Ex parte Lange (18 Wall. 163) we decided that the present plaintiff in error must be discharged from imprisonment, because the sentence under which he was held was, not authorized by law. In the present case, the Court of Appeals of New York held that even though such was the law the defendant in error is not liable in damages for the false imprisonment, because in pronouncing the judgment under which the imprisonment was had he acted as a judge, in his judicial capacity, and not so entirely in excess of his jurisdiction as to make it the arbitrary and unlawful act of a private person. This is not a Federal question, and it was the only question decided.

The writ must, therefore, be dismissed for want of jurisdiction : and it is

So ordered.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Williams v. Heard, 140 U.S. 529 (U.S. 1891)
  • Chicago Life Ins. Co. v. Needles, 113 U.S. 574 (U.S. 1885)
    …e . may, from time to time, prescribe, which do not materially interfere with or-obstruct the substantial enjoyment of the privileges the State has granted, and serve only tp secure the ends for which the corporation was created. Sinking Fund Cases, 99 U. S. 68, 70; Commonwealth v. Farmers' &. Mechanics' Bank, 21 Pick. 542; Commercial Bank v. Mississippi, 4 Sm. & Marsh. 497, 503. If this condition be not necessarily implied, then the creation of corporations, with rights and franchises which do not belong…
  • Manning v. French, 133 U.S. 186 (U.S. 1890)
    …181; Chappell v. Bradshaw, 128 U. S. 132. And the decision that the defendant was not liable in damages, because in concurring in the order complained of lie acted in his judicial capacity, in itself involved no Federal question. Lange v. Benedict, 99 U. S. 68, 71. Nor can the plaintiff object that the validity of a statute of, or an authority exercised under, the United States was drawn in question, or that a title, right, privilege, or immunity was' claimed under the Constitution, or a statute of, or a…

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