Ulvestad v. Dolphin

(dissenting) — I am unable to concur with the prevailing opinion as to the liability of the chief of police and his surety.

The chief of police, the bond and the surety are identically the same as were involved in Pavish v. Meyers, 129 Wash. 605, 225 Pac. 633, 34 A. L. E. 561.

In the above case, this court, in an En Banc decision, concurred in by all but one judge, held that the chief of police was not liable for a wrongful arrest by a policeman, and, the chief of police not being liable, his surety was therefore not liable.

In a later case, Nunn v. Turner, 133 Wash. 654, 234 Pac. 443, we held…