Shelton v. Underwood

J. J. Underwood brought suit against M. P. Shelton and Isaac M. Jackson, and the National Surety Corporation, in the circuit court of Tishomingo county, for assault and unlawful arrest. Shelton was a deputy sheriff, and Jackson was sheriff, of said county, who was bonded by the National Surety Corporation.

The suit was based on the theory that Shelton, the deputy sheriff, assaulted Underwood, the appellee, without cause and arrested him without authority of law, and that appellee was rendered unconscious for a time.

The appellants plead the general issue, with notice of special matter…