Alexander v. Carsley

• Decision Date: 22 April 1946
• Docket Number: 36099.
• Citation: 25 So.2d 709,199 Miss. 881
• Court: Mississippi Supreme Court
• Parties: ALEXANDER v. CARSLEY et al.

25 So.2d 709

199 Miss. 881

ALEXANDER v. CARSLEY et al.

No. 36099.

Supreme Court of Mississippi

April 22, 1946

W B. Nicols and S. C. Mims, both of Grenada, for appellant.

R. P. Sugg, of Eupora, and Cowles Horton, of Grenada, for appellees.

ALEXANDER Justice.

Appellant filed suit for personal injuries inflicted by Carsley, who as a member of the State Highway Patrol and in exercise of his authority and duties as such, committed an assault upon him.The surety on the official bond, the Fidelity &amp Deposit Company of Maryland, was made a joint defendant.

The record shows that if the one year statute of limitations for such action, Code 1942, Section 732, applies the trial judge was correct in sustaining this plea.The suit, however, is against the officer and the surety upon his official bond.

It is true that the declaration is inartificially drawn and although it purports to attach a copy of the bond as an exhibit, this was not done.Yet no objection was made upon the ground that the bond was not exhibited and the point may not be raised for the first time in this Court.Enochs-Flowers, Inc., v. Bank of Forest,172 Miss. 36157 So. 711, 159 So. 407.No point seems to have been made as to the necessity for compliance with Code 1942, Section 4034, and we express no opinion thereon.

We are of the opinion that the action is against a public officer and the surety on his bond and that appellant is entitled to undertake to show that the conduct of the officer constituted a breach of...