Usrey v. Yarnell

This appeal is prosecuted from a judgment of the circuit court sustaining a demurrer to that portion of appellant’s complaint which made J. Pitts Yarnell, as sheriff of White County, a party defendant. The suit was against (both Yarnell, as sheriff, and H. P. Pollett, and the complaint alleged the following facts as constituting a cause of action. Pollett, while specially deputized and acting as the agent and deputy of Yarnell, as sheriff of White 'County, and while armed with process for the arrest of prisoners who had escaped from White County, was en route, by the shortest and most direct…