Howard v. Caudill

Opinion op the Court by

Judge -Clay-

Affirming.

Ellen Howard, widow of Noah Howard, deceased, brought this action against J. L. Caudill, sheriff of Breathitt -county, and the United States Fidelity & Guar anty 'Company, surety on his bond, to recover damages for the death of her husband. During the progress of the-action Caudill died, and the cause was revived in the name-of his administratrix. A demurrer was sustained to the petition as amended, and the petition was dismissed. Plaintiff appeals.

The original action was brought by Ellen Howard, suing iby her next friend, Morgan Shepherd. The…