State ex rel. Daniel v. McNeel

This suit was brought by the State for the use of E. W. Daniel to recover damages ag’ainst the appellee, Harry Brantley McNeel, as Sheriff of Winston County, and the United States Fidelity and Guaranty Company as surety on his official bond, because of the alleged wrongful acts of the sheriff in arresting and imprisoning the plaintiff Daniel without a warrant therefor, and at a time when the sheriff was a trespasser on the premises of the plaintiff.

The first count of the declaration charged that the sheriff, on or about November 3, 1951, did unlawfully and without a warrant of any kind enter…