Fidelity & Deposit Co. v. Bardsley

DIETRICH, Circuit Judge.

The defendant in error, claiming to have been arrested and unlawfully assaulted by a deputy sheriff of an Idaho county, brought this action for damages against the surety upon the sheriff’s official bond. There was a verdict for $5,500 and from the judgment thereon the defendant brings error. Two assignments have been argued, one involving instructions given and refused upon a certain point, and the other admissions of evidence touching the amount of damages.

Inasmuch as admittedly the evidence was sufficient to take the ease to the jury, an extended statement thereof…