53 Kan. 265 | Kan. | 1894
The opinion of the court was delivered by
The only question before us for our consideration is, whether the petition states facts sufficient to constitute a cause of action in favor of the plaintiff and against the defendant. We are not called to pass upon a question of morals, or of professional or official ethics. There is no allé-gation in the petition that William Harrison was a resident of the state, or that he had any real or personal property in the state. It is alleged that he was possessed of real and personal effects of the value of $7,000, but where it is situated is not stated. In the action commenced on the 12th of October, 1887, in Butler county, by the plaintiff against William Harrison, for alimony, there was no prayer for an injunction or restraining order.
We think, upon full consideration, that the plaintiff cannot recover. If the action were against the defendant in his official position as judge, (which we do not think it was,) then there could be no recovery, because a judicial officer is not liable in a civil action for any judicial act done in his jurisdiction. (Randall v. Brigham, 7 Wall. 535; Weaver v. Devendorf, 3 Denio, 120; Cooley, Torts, 1st ed., 380.) If we .consider that the defendant is charged as a private person only, then there can be no recovery, because of the uncertainty of the plaintiff’s damage, the injury complained of being too remote, indefinite, and contingent. (1 Suth. Dam. 51; Lamb v. Stone, 11 Pick. 527; Bradley v. Fuller, 118 Mass. 239.) The defendant was not required in his private capacity or as a citizen to render any assistance to the plaintiff concerning the prosecution of her action; and, if he advised Harrison, the husband, to withdraw from the jurisdiction of the court and to dispose of his property, we perceive no way of determining what damages could be allowed as a clear and necessary consequence of such advice. The actual damage from defendant’s conduct is not capable of legal proof.