State Ex Rel. Smith v. Smith

This is an action at law in the name of the state, for the use of H. P. Smith, against Arthur J. Smith, a sheriff, and the surety on his official bond, for damages sustained by the usee because of having’ been shot and wounded by a deputy of the sheriff. The declaration alleges that “said deputy; with gross negligence and carelessness, pointed his pistol at said plaintiff and commanded him to throw up his hands, and while said Hi P. Smith was throwing” up his hands in obedience to the order of said deputy sheriff, the said deputy sheriff, with gross negligence and carelessness, fired the…