Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 24

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...were the result of the deliberate exercise, in good faith, of such discretion and judgment. In short, he has no discretion, and can exercise no judgment, in regard to the end to be attained by his discharge of duty; as to the means and manner of accomplishing the end, . he, of necessity, must be more or less free to choose, for it is impossible for the law to provide rules adapted to the infinite variety of human actions and attendant circumstances that may be met by its ministers. A supervisor of roads being required, in the discharge of his duty, to largely exercise discretion and judgment, does not, therefore, necessarily discharge judicial functions. McCord v. High. There can be no great difliculty in determining, when an ofiicer is charged with both judicial and ministerial duties, to which class of duties a particular act belongs. The character of the act itself, will usually determine whether it be judicial or ministerial. If it be the execution of a determination, committed by the law to the judgment and discretion of the ofiicer, which could be as well done by another as by the one thus clothed with the power of determination, it is a ministerial act. The fact, that it requires skill, and involves judgment and discretion, will not give it a judicial character. The proper performance of grading, ditching, and the construction of masonry, though they may require the highest order of engineering and mechanical skill, and demand the exercise of a high order of judgment in the selection of materials, and of discretion in the choice of means, cannot be regarded as the discharge of judicial functions. But the determination, that such work is necessary, and must be accomplished, may properly be said to partake of a judicial character...
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Product details

  • Paperback | 204 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • Illustrations, black and white
  • 1236771362
  • 9781236771360