North Carolina ex rel. Wimmer v. Leonard

SOPER, Circuit Judge.

Suit was brought against the surety upon the bond of the sheriff of Davidson county, N. C., in which recovery was sought for injuries inflicted upon the person of the plaintiff when the sheriff shot and wounded him. A demurrer to the complaint, on the ground that the bond did not cover the acts complained of, was sustained by the District Judge, and judgment being entered for the defendant, this appeal was taken.

The bond was executed and filed by the sheriff in accordance with section 3930 of the North Carolina Code of 1931 which provides that the sheriff shall execute…