Clark v. Winn

HUNTER, Associate Justice.

This suit was brought by appellee against S. P. Clark, as sheriff of Tarrant County, and the sureties on his official bond, to recover damages for the unlawful arrest and imprisonment of appellee.

The defendant sureties excepted to the petition upon the ground that they were not liable for the unlawful arrest made by the constable in this case, as the sheriff did not make the arrest, but only gave the process to the constable who made it, and the sheriff only received into the jail the prisoner as the prisoner of the constable, as under the law he was bound to do. The…