Rischer v. Meham

This is a proceeding in error brought to reverse the judgment of the court below in sustaining a demurrer to the amended petition, and in rendering judgment of dismissal.

*417The question presented is as to the right of the plaintiff to hold the Sureties on the official bond of the marshal of the city of Wellsville for a trespass to his person, committed by the marshal while attempting to capture the plaintiff, who was in the act of escaping from the custody of the officer.

The petition alleges that the marshal, William Meehan, “ in .the performance of his duty as marshal in the city of Wellsville,…