Hatfield Ex Rel. Justice v. Wyatt

Miller, Judge:

This action was brought at the relation of Justice against Wyatt and Blakely, the latter as Wyatt’s surety upon a bond voluntarily given by him as a tax collecting deputy for Hatfield, Sheriff, to cover damages alleged to have been sustained by Justice on account of personal injuries inflicted upon him by Wyatt, by unlawfully, wilfully and maliciously shooting him with a pistol or revolver then being carried by him while acting as such deputy, without any just or legal excuse therefor.'

The circuit court sustained the defendants’ demurrer to the declaration and to each of the…