Murphy v. Phelps

Opinion op the Court by

Judge Clay

Affirming.

E. P. Murphy sued J. T. Phelps, a policeman, the City of Hopkinsville, and the United States Fidelity & Guaranty Company, surety on Phelps’ bond, for assault and battery. The demurrers interposed by the city and the guaranty company were sustained, and the petition dismissed as to them. The case went to trial as to Phelps, and resulted in a verdict and judgment in his favor. Prom that judgment, and from the order dismissing the petition as to the city, this appeal is prosecuted.

The court did not err in sustaining the city’s demurrer to the petition.…