Hart v. Pitts

This is an appeal by the plaintiff from an order sustaining the demurrer of one of the defendants in the case. Kenneth Hart brought suit against George L. Pitts, Jr., for false arrest on December 24,1960. Later an amended declaration was filed on February 5, 1963 alleging that the defendant Pitts was at the time of the alleged false arrest the duly elected Sheriff of Lincoln County, acting in his official capacity as Sheriff by virtue of his office and under color of his office. By this amended declaration, the United States Fidelity & Guaranty Company, the surety on the Sheriff’s official…