Bassinger v. United States Fidelity & Guaranty Co.

STONE, Circuit Judge.

This is an action on a sheriff’s bond for personal injury received in connection with an attempt by the sheriff to arrest appellant in the mistaken belief that he had committed a felony. This arrest was without warrant, and the action of the sheriff was based upon information which he had received from the sheriff of an adjoining county. The sheriff and the surety filed separate demurrers to this petition as not stating a cause of action. The demurrer as to the sheriff was overruled and as to the surety was sustained. Prom a judgment of dismissal as to the surety,…