Wingate v. Davis

HONORABLE HENRY G. RODGERS, District Judge,

sitting in place of MR. JUSTICE HOLLOWAY, absent on account of illness, delivered the opinion of the court.

This action was instituted to recover damages from Floyd Davis, as sheriff, and the Fidelity & Deposit Company of Maryland, surety on his official bond. Upon the trial, at the close of all the evidence, the court sustained defendants’ motion for a directed verdict, and judgment was entered. Plaintiff’s motion for a new trial being overruled, he appeals from the judgment.

It is alleged in the complaint that “On or about the fourteenth day of…