Britt v. Merritt

This is an action in damages by the widow and minor children of Warren M. Britt against the Sheriff of Sabine Parish, his official surety and one of his deputy sheriffs for the alleged wrongful death of Warren M. Britt at the hands of the defendant deputy sheriff while in the performance of an official act. The District Court maintained the exception of no cause or right of action filed on behalf of the sheriff and his surety. Plaintiff brings this appeal.

The petition sets forth that the defendant sheriff had been duly elected and qualified and that the defendant surety company had executed a…