Cullen v. Town of Carthage

A demurrer was sustained below to appellants’ complaint. That ruling is assigned as error. Counsel have discussed the question of the sufficiency of the complaint upon the assumption and concession that it makes this ease, viz.: Oliver Wiltse was the marshal of the town of Carthage. One Drury Holt, in violation of the town ordi*197nances, was drunk ’ and disorderly, and made a serious and deadly assault upon Dr. Bogart, a peaceable and quiet citizen of the town. For this infraction of the ordinances, the marshal arrested him and placed him in the town prison. Holt afterwards brought a suit…