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STATE OF NORTH CAROLINA v. LEONARD

No. 3556.

68 F.2d 228 (1934)

STATE OF NORTH CAROLINA ex rel. WIMMER v. LEONARD et al.

Circuit Court of Appeals, Fourth Circuit.

January 4, 1934.

Attorney(s) appearing for the Case

Raye O. Lawson, of Roanoke, Va., and James D. Parker, of Smithfield, N. C., for appellant.

Plummer Stewart, of Charlotte, N. C. (Stewart & Bobbitt and Wm. H. Bobbitt, all of Charlotte, N. C., and B. L. Fentress, of Greensboro, N. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

Suit was brought against the surety upon the bond of the sheriff of Davidson county, N. C., in which recovery was sought for injuries inflicted upon the person of the plaintiff when the sheriff shot and wounded him. A demurrer to the complaint, on the ground that the bond did not cover the acts complained of, was sustained by the District Judge, and judgment being entered for the defendant, this appeal was taken.

The bond was executed...

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