McDaniel v. Harrell

Citations

• 81 Fla. 66
• 87 So. 631

Syllabus

<p>1. Where a plea to the merits is of such nature that under it a defense to the action may be proved, the plea is good and a demurrer thereto should not be sustained.</p> <p>2. The judge of a court of superior or general jurisdiction is not civilly liable for his judicial acts in excess of his jurisdiction when such acts involve affirmative decisions of the fact of jurisdiction of such court, even though such decisions may be erroneous, provided there is not a clear absence of jurisdiction.</p> <p>3. Judges of inferior courts, as wed as judges of courts of superior and general jurisdiction, are exempt from civil liability in damages for their judicial acts, even when such acts are in excess of their jurisdiction, provided there is not a clear absence of jurisdiction.</p> <p>4. The judge of a court which has jurisdiction of the person and jurisdiction to try an accused for an offense with which he is charged is not civilly liable for exceeding his authority in imposing sentence and inflicting punishment under an ordinance which is later declared to be unconstitutional and therefore unenforceable.</p>