Martin v. Smith
Court of Appeals of Kentucky
CASE 98. — ACTION BY AMERICA MARTIN AND OTHERS AGAINST BURWELL SMITH AND OTHERS. — Appeal from Whitley Circuit Court. W. T. Davis, Circuit Judge. Judgment for plaintiffs, defendants appeal.- —
1Opinion of the Court
••Opinion of the Court by
Judge O’Rear —
Reversing.
*805Appellants, tlie infant children of Demps. Martin, brought this suit against appellees, Burrell Smith’s sureties on the bond of Smith as marshal of the town of Corbin for the unlawful killing of Demps. Martin by the marshal while in the discharge of his official duty. The marshal was attempting to arrest Charley Martin for an alleged offense and was resisted by the prisoner. Demps. Martin and others were standing by. The officer evidently thought Demps. Martin and the others contemplated an interference with the arrest, but, in fact, they did…
2Cases cited4 opinions
- Johnson v. Williams' Admr.Court of Appeals of Kentucky · 1901
- Growbarger v. U. S. Fidelity & Guaranty Co.Court of Appeals of Kentucky · 1907
- Stephens v. WilsonCourt of Appeals of Kentucky · 1903
- Shields v. PflanzCourt of Appeals of Kentucky · 1897
3Cited by5 opinions
- Askay v. MaloneyOregon Supreme Court · 1917
- Bostatter v. HinchmanMichigan Supreme Court · 1928
- Lynch v. BurgessWyoming Supreme Court · 1929
- Erickson v. AndersonMontana Supreme Court · 1926
- Jones v. Van BeverCourt of Appeals of Kentucky · 1915