Tucker v. Gurley

Cook, J.,

delivered tbe opinion of the court.

This is the second appeal in this cause. On the former appeal a judgment in favor of the defendants was reversed, and in the opinion, which is reported in 170 Miss. 565, 155 So. 189, the facts surrounding the unfortunate tragedy in which the husband of the appellee and his brother were killed, are set out at length, and we will here state only such additional facts as we deem necessary to an understanding of the issues to be decided.

This suit was originally filed in Marshall county against the sheriff of that county, the surety on his official bond,…