Hanratty v. Godfrey

The question raised by the claimed errors is whether or not, under these facts, an action can be maintained directly against the sheriff and his bondsman. They first assert that the mere mechanical act by the deputy in operating the car was not an act done in an official capacity, or the performance of an official duty. Secondly, it is contended that even if the deputy was acting in an official capacity he was in the performance of a governmental duty, and that neither the sheriff nor his deputy would be liable in his official capacity.

The' plaintiffs in error recognize that §2834 GC, makes…