Rolen v. Rauhuff

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

Plaintiff, J. E. Rolen, filed this action to recover damages against defendants, Millard R. Gibson, Sheriff, Roy Gibson, Deputy Sheriff and O. P. Rauhuff, Jr., Constable, all of Sevier County, and Western Surety Company, hereafter called Western, surety on the official bonds of the Gibsons and Rauhuff. By stipulation, the case against the Gibsons was dismissed without prejudice. Motions for summary judgment by Western were denied without prejudice to renew at the conclusion of the proof on the merits. The case on the merits was tried before a jury…