Hatfield Ex Rel. Rose v. Cruise

Maxwell, President:

The question of the sufficiency of a declaration is here presented. The trial court, deeming the declaration insufficient, sustained the defendants’ demurrers thereto, and certified the matter to this court for review.

The action is based on a bond in the penalty of $3,-500.00 executed by L. K. Cruise, deputy sheriff of McDowell County, and United States Fidelity & Guaranty Company, surety, payable to McGinnis Hatfield, sheriff of the county. The condition of the bond is to save the sheriff harmless from “any act or acts' of larceny or embezzlement” by Cruise in the…