Chalker v. Fidelity & Deposit Co.

At the time plaintiffs' alleged cause of action arose defendant herein was the surety on the bond of the sheriff of Wayne county. Plaintiff by this suit against the surety seeks to recover damages alleged to have been suffered by reason of a false return of service of process made by a deputy sheriff. From a judgment in favor of plaintiff, after trial by the court without a jury, defendant has appealed.

The return of service by the deputy sheriff, made April 30, 1930, was that personal service of a circuit court commissioner's summons had been made on Mrs. Helen Himebaugh April 19, 1930. It is…