State Ex Rel. Penrod v. French

The appellant, Ascie Penrod, filed an action on the official sheriff’s bond, executed by Fleming French, as principal, and by the Hartford Accident and Indemnity Company of Hartford, Connecticut, as surety. In the amended complaint Fleming French was named defendant both as sheriff of Wells County, Indiana, and in his individual capacity. On the plaintiff’s motion the action was dismissed against French as an individual, leaving French in his official capacity as sheriff, and the Indemnity Company as the only defendants.

The separate demurrers of French, as sheriff, and of the Indemnity…