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FIDELITY & DEPOSIT CO. v. BARDSLEY

No. 5227.

22 F.2d 603 (1927)

FIDELITY & DEPOSIT CO. OF MARYLAND v. BARDSLEY.

Circuit Court of Appeals, Ninth Circuit.

November 21, 1927.

Attorney(s) appearing for the Case

Frank T. Wyman and Wm. Healy, both of Boise, Idaho, for plaintiff in error.

Stone & Jackson, of Caldwell, Idaho, for defendant in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

DIETRICH, Circuit Judge.

The defendant in error, claiming to have been arrested and unlawfully assaulted by a deputy sheriff of an Idaho county, brought this action for damages against the surety upon the sheriff's official bond. There was a verdict for $5,500 and from the judgment thereon the defendant brings error. Two assignments have been argued, one involving instructions given and refused upon a certain point, and the other admissions of evidence touching the...

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