United States Fidelity & Guaranty Co. v. Miller

BOULDIN, Justice.

The action is against the surety on the sheriff’s bond for alleged misfeasance under color of office in causing of a search of plaintiff’s residence for prohibited liquors.

Count 1 is in trespass charging an unlawful breaking into and searching of plaintiff’s residence while he arid his family were absent.

On the trial defendant interposed a special plea of justification under legal process ; namely, a search warrant in due form issued by lawful authority.

Upon the introduction of the warrant and supporting affidavit made by the sheriff, plaintiff filed count A, charging that…