Estell v. New Amsterdam Casualty Co.

The opinion of the court was delivered by

Thiele, J.:

Plaintiff commenced an action against the marshal of a city court and the surety on his official bond to recover damages for an alleged assault.' The surety demurred to the plaintiff's amended petition, the demurrer was overruled and the surety appeals-to this court. ■

For present purposes the allegations of the amended petition may be summarized. It was' alleged that on January 8, 1945, -the defendant Callahan was the duly elected, qualified and acting-marshal of the city court in Wyandotte county, Kansas, and on that date, as required by…