Burger v. Parker

Horace Burger, a resident of Hamilton county, instituted this suit against' the Sheriff of Marion county, and his official bondsmen, to recover damages for an as sault committed upon him by said Sheriff in Marion county.

By a plea in abatement said sheriff and his bondsmen made the question that this suit cannot be prosecuted in Hamilton county for the reason that the cause of action is local and not transitory.

The trial court sustained said plea and dismissed the 'suit, and plaintiff has appealed to this court and assigned the judgment of the trial court for error.

It is conceded that the…