State Ex Rel. Weems v. United States Fidelity & Guaranty Co.

Appellant brought this action against appellee in the circuit court of Forrest county on the official bond of S. H. Stewart, sheriff of Pearl River county, on which bond appellee was surety, charging a breach of the bond on the part of said sheriff, in that he, acting by color of his said office, through two of his deputies, unlawfully arrested, assaulted, and imprisoned appellee. Stewart, the sheriff, principal in the bond, was not made a party to the action, appellee, the surety, alone being sued.

To the declaration the appellee filed a plea in abatement, in which it is averred that Stewart,…