Growbarger v. U. S. Fidelity & Guaranty Co.
Court of Appeals of Kentucky
CASE 17. — ACTION BY VIOLA GROWBARGER AND OTHERS AGAINST THE UNITED STATES FIDELITY AND GUARANTY COMPANY AND OTHERS — Appeal from Ohio Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for defendants, plaintiffs appeal. — POINTS AND AUTHORITIES CITED. 1. The widow is the proper party to maintain this action: Ky. Stats., secs. 4, 3690, 3751, 3752; McClure et al v. Alexander, 15 Ky.
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CASE 17. — ACTION BY VIOLA GROWBARGER AND OTHERS AGAINST THE UNITED STATES FIDELITY AND GUARANTY COMPANY AND OTHERS — Appeal from Ohio Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for defendants, plaintiffs appeal. — POINTS AND AUTHORITIES CITED. 1. The widow is the proper party to maintain this action: Ky. Stats., secs. 4, 3690, 3751, 3752; McClure et al v. Alexander, 15 Ky. Law Rep., 732. 2. The defendant Surety Company is liable on its co-defendant’s bond as marshal: Johnson v. Williams’ admr., 23 Ky. Law Rep., 658; Connelly v. American Bonding & Trust Co. 24 Ky. Law Rep., 715.…
1Opinion of the Court
Opinion of the Court by
Judge Settle
Reversing.
R. Flem Stevens, marshal of the town of McHenry, after arresting W. L.- Growbarger, and while having him in custody, for a misdemeanor commited in his presence, shot and killed him. Thereafter this action was brought by appellant Viola Growbrager, widow of the deceased, and S. O. Fogle, administrator of his estate, against the marshal and appellee United States Fidelity & Guaranty Company, surety on his official bond, to recover of them $20,000 damages for the .killing of deceased by the marshal, upon the alleged ground that it was not done by that…
2Cases cited4 opinions
- Johnson v. Williams' Admr.Court of Appeals of Kentucky · 1901
- Brown v. WeaverMississippi Supreme Court · 1898
- Moss v. RowlettCourt of Appeals of Kentucky · 1901
- Shields v. PflanzCourt of Appeals of Kentucky · 1897
3Cited by16 opinions
- United States Fidelity & Guaranty Co. v. PoetkerIndiana Supreme Court · 1913
- Maryland Casualty Co. v. BakerCourt of Appeals of Kentucky (pre-1976) · 1947
- Waddle v. WilsonCourt of Appeals of Kentucky · 1915
- Askay v. MaloneyOregon Supreme Court · 1917
- Worden v. HuntDistrict Court of Appeal of Florida · 1962
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