Shell v. Pittman

GARDNER, Justice.

The pivotal question on this appeal relates to the action of the trial court in giving the affirmative charge in favor of .the defendant United States Fidelity & Guaranty Company on its pleas in abatement. This defendant was surety on the official bond of its code-fendant, G. W. Pittman, deputy sheriff, and these pleas rest upon plaintiff’s former suit for the recovery of damages growing out of plaintiff’s arrest and imprisonment by said deputy, and in which a judgment was recovered on a complaint which had been amended by elimination of all counts except count E charging…