State Ex Rel. Hedgepeth v. Swanson

This action was instituted by the plaintiff, in the name-of the State,- against the defendant Swanson in his official capacity as Sheriff of Vance County, and the defendant, the National Surety Company, as surety on the Sheriff’s official bond.

The question posed by this appeal is whether a sheriff is liable in his. official capacity in an action for malicious prosecution for damages to an individual caused by acts involving the exercise of judgment and discretion and committed within the scope of his official duties ?

The law applicable to the facts alleged in the complaint, as enunciated by…