Brown v. Weaver
Mississippi Supreme Court
From the circuit court of Choctaw county. Hon. W. F. Stevens, Judge. Action by appellant, plaintiff below, on the official bond of the sheriff of Choctaw county; the judgment of the court below was favorable to the sheriff and his sureties, defendants below, and the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.
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From the circuit court of Choctaw county. Hon. W. F. Stevens, Judge. Action by appellant, plaintiff below, on the official bond of the sheriff of Choctaw county; the judgment of the court below was favorable to the sheriff and his sureties, defendants below, and the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. The cases where a killing by an officer are excused are laid down in the statute: («) In obedience to the judgment of the court; (i) in overcoming' actual resistance; (c) in retaking a felon; (d) in arresting a fleeing felon; (g) when…
1Opinion of the CourtWhitfield, J.
The appellant - had been arrested by the deputy sheriff in a bastardy proceeding, and had escaped from the deputy sheriff, without violence, simply running away from him, and whilst merely running away, was, by the deputy sheriff, shot, on the notion that he had a right to shoot and kill him, if necessary, to prevent the escape at the time. Appellant sustained very serious injuries, and suffered greatly for a long time, and is probably permanently disabled. He brings this suit for damages against the sheriff and the sureties on his bond, on the ground that the deputy was guilty of ‘ ‘…
2Cases cited7 opinions
- Lammon v. FeusierSupreme Court of the United States · 1884
- Jackson v. StateSupreme Court of Georgia · 1886
- State v. . SigmanSupreme Court of North Carolina · 1890
- Caldwell v. StateTexas Supreme Court · 1874
- Furlong v. StateMississippi Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Davis v. LittleMississippi Supreme Court · 1978
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- White v. BarnesSupreme Court of Virginia · 1924
- Jones v. Van BeverCourt of Appeals of Kentucky · 1915
- Johnson v. Williams' Admr.Court of Appeals of Kentucky · 1901
30 more not listed; retrieve them via the Exa API.