Phelps v. Dawson

STONE, Circuit Judge.

Appellant, Edna Phelps, brought an action for malicious prosecution against ap-pellees, W. J. Dawson (Commissioner of Insurance of South Dakota and ex officio State Fire Marshal), Charles E. Tice (a deputy State Fire Marshal) and American Surety Company (surety upon the official bonds of Dawson and Tice). Demurrers were filed by the defendants. These demurrers were sustained on the ground that the petition failed to state a cause of action against the particular defendant. Thereafter, a judgment was entered dismissing the petition as to Dawson and Tice and another…