Missouri ex rel. De Vault v. Fidelity & Casualty Co. of New York

DEWEY, District Judge.

Suit was brought by the above named relator against the defendant as surety on a fidelity bond given by James L. Williams, sheriff, for certain acts of the sheriff, his deputies and others, which relator alleges constituted a conspiracy resulting in his injury and damage.

The trial court sustained a motion to dismiss on the ground that the amended complaint did not state facts upon which relief could be granted. From this order and for errors which it is alleged were committed by the court on matters of procedure, the relator, whom we will refer to as the plaintiff, has…