Fidelity Deposit Co. of Maryland v. Sally

Opinion of the Court by

Chief Justice Logan

Affirming.

Appellee instituted suit against Burris H. Baker and appellant to recover for the alleged illegal arrest of appellee in the city of Hazard. Baker was a policeman of that city, and appellant was the surety on his official bond. The bond was to the effect that Baker would “well and faithfully perform all and singular the duties enjoined upon him by reason of his election or appointment aforesaid and faultlessly account for all moneys coming into his hands as such officer according to law.”

It is alleged that on the 4th day of February, 1928,…