Clancy v. Kenworthy

• Decision Date: 07 December 1887
• Citation: 35 N.W. 427,74 Iowa 740
• Parties: CLANCY v. KENWORTHY AND OTHERS.
• Court: Iowa Supreme Court

74 Iowa 740

35 N.W. 427

CLANCY

v.KENWORTHY AND OTHERS.

Supreme Court of Iowa.

December 7, 1887.

Appeal from district court, Mahaska county; W. R. LEWIS, Judge.

Action by John Clancy upon the official bond of J. C. Kenworthy, as constable, to recover, against the principal and sureties, for a breach of its conditions. There was a judgment upon a verdict for plaintiff. Defendants appeal.Nelson & Williams and W. S. Kenworthy, for appellants.

Phillips & Green, for appellee.

BECK, J.

1. The bond sued on is in the form presented by statute, (Code, § 674,) and obligates the principal to render true account of his office as constable, to pay over all moneys coming to his hands in the discharge of his official duties, etc., and to “faithfully and impartially, without fear, favor, fraud, or oppression, discharge all the other duties now or hereafter required of his office by law.” The petition alleges a breach of the conditions of the bond in the following language: “That on or about the nineteenth day of September, 1885, the said J. C. Kenworthy, as said constable, under color and by virtue of his said office and his official position, did maliciously, unlawfully, and without reasonable or probable cause, and without warrant or any process of any court, arrest the plaintiff, and incarcerate him in the jail of said county, and keep him confined there for the space of about twelve hours, and during one night; that at the time of said arrest the said defendant, under pretense of necessity in order to accomplish said arrest, did, without any cause or provocation, and without reasonable or probable cause therefor, brutally, oppressively, maliciously, and unlawfully strike, beat, bruise, and wound with a club the said plaintiff on the head and severely injure and cut the head of the plaintiff, and cause him great bodily and mental pain and suffering; that, after he had so arrested and stricken and wounded the plaintiff, the said defendant placed and incarcerated the plaintiff in said jail as aforesaid, without having or procuring any care or attention or medical treatment to be given to the plaintiff, or the wounds thus made and inflicted upon him, although the plaintiff was badly cut about and upon the head, and bleeding and suffering severely, but left plaintiff in said jail until the following day before said wound was dressed; that afterwards, and while the said defendant still had the said plaintiff in custody, to-wit, September 14, 1885, the said Kenworthy claimed that he arrested the plaintiff because he found him in a state of intoxication, and filed an information against plaintiff, charging him with said offense before one E. D. MCNEILAN, a justice of the peace in and for said county, and prosecuted the plaintiff on said information for said crime; that the said prosecution is at an end, and the plaintiff has been duly acquitted of said charge; that the said charge and information so made and filed, and said prosecution by said defendant, was false, malicious, and without reasonable or probable cause, and was done by said defendant for the purpose of attempting to cover up and justify his offensive and malicious acts and conduct...