State Ex Rel. Cook v. Belcher

Woods, Judge:

This is an action to recover the penalty of a bond, given a sheriff by his deputy. The declaration alleged death by reason of the unlawful use of a pistol in the hands of the deputy. Error is prosecuted from a judgment in favor of the decedent’s administratrix, for whose use and benefit the action was instituted.

The bond in itself contains no express provision making the bondsmen liable thereon for the unlawful or careless use of a revolver. So, plaintiff, in order to maintain an action thereon, must bring the deputy within the scope of Code 61-7-5, which reads such a provision…