Irvin v. Drake

This suit was filed in the district court of Deaf Smith county, by ap-pellee, as plaintiff, to recover damages against appellant, the defendant, who was sheriff of Lamb county, for an alleged assault committed by that officer in the .arrest of appellee. Upon a jury verdict, judgment was rendered in favor of appellee against appellant, and appeal has been taken to this court.

The first error presented is that the trial court erred in overruling appellant’s plea of privilege to be sued in the county of Lamb, the county of his residence.

This contention of the defendant cannot be sustained. It…