State Ex Rel. Ashworth v. Bibb

KennA, Judge:

This action in debt was brought in the circuit court of Ealeigh County by the administrator of Luther Honaker, deceased, against J. Ben Bibb, a constable of Fayette County, and the sureties upon his official bond. The assigned breach of the condition of the bond is the unlawful and careless use of a pistol on the part of the constable, resulting in the shooting and consequential death of plaintiff’s decedent in Ealeigh County, West Virginia. An original declaration in one count .was filed, to which the defendant demurred and the demurrer was sustained. An amended declaration was…