Sopko v. Esslinger

Eagen, J.,

This is an action in assumpsit against a constable and his sureties. Plaintiffs allege that the defendant constable claiming to act by virtue of his office severely beat the plaintiffs causing them injury and damage. It is further alleged that suit was instituted against the constable to recover damages for this assault and battery to no. 550, January term, 1939, and upon a verdict recovered in favor of plaintiffs judgment was entered. This action seeks to recover from the official bond the amount of the judgment and verdict.

Defendants have filed an affidavit of defense raising…