Union Indemnity Co. v. Webster

The suit was for damages against a deputy sheriff and surety on his official bond. The deputy having died after summons and service, the suit was discontinued as to him, and proceeded to judgment against the surety.

The plaintiff, as he ran from the direction of or within 25 or 50.yards of a still, from which whisky was running, was shot by an officer in his apprehension and arrest. Plaintiff wag the only person 'seen by the officers at or leaving the still, and said offi-. cers were about 75 or 100 yards from plaintiff when he ran and was shot.

The original complaint was filed Feb-, ruary 2,…