American Surety Co. v. Smallon

1. On the trial of a suit against a surety on the official bond of arresting officers, to recover damages alleged to have resulted from misconduct of the officers in unlawfully and without any warrant for his arrest, shooting at the plaintiff while he was riding in an automobile along a public road and when he had committed no crime, where the measure of damage as prescribed by statute, and which the plaintiff was seeking to recover, was that when little or no damage is actually sustained by the plaintiff, "and the officer has not acted in good faith, the *747jury may find for the plaintiff an…