Town of Clendenin Ex Rel. Fields v. Ledsome

Kenna, President:

This case certified was brought in the Court of Common Pleas of Kanawha County, that court having entered an order overruling a demurrer to the plaintiff’s declaration and certifying its decision of the questions thus raised to the Circuit Court of Kanawha County, which court sustained the rulings of the Court of Common Pleas and in turn certified the questions for decision here.

The declaration in covenant alleges that the defendant, Amos L. Ledsome, on September 16, 1943, was one of two policemen employed by The Town of Clendenin, Kanawha County, and that the American Surety…