Yancey v. Fidelity & Casualty Co. of NY

96 Ga. App. 476 (1957)

100 S.E.2d 653

YANCEY, Administratrix

v.

FIDELITY & CASUALTY COMPANY OF NEW YORK; and vice versa.

36692, 36721.

Court of Appeals of Georgia.

Decided September 12, 1957.

Rehearing Denied October 9, 1957.

Daniel Duke, for plaintiff in error.

Allison & Pittard, Lokey & Bowden, Hamilton Lokey, contra.

NICHOLS, J.

1. The general grounds of the motion for new trial will be dealt with first.

The action was brought against the surety on the sheriff's official bond for the alleged illegal arrest of the now deceased J. W. Yancey, it being alleged that the said J. W. Yancey died while…