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LIBBY v. SCHMIDT

No. 40,076

179 Kan. 683 (1956)

298 P.2d 298

GILBERT LIBBY, Appellant, v. WILLIAM SCHMIDT, and THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellees, (DUANE H. ANDERSON, Defendant).

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

Horace A. Santry, of Salina, argued the cause, and John I. Young, of Salina, was with him on the briefs for the appellant.

V.E. Danner, of Ellsworth, argued the cause, and John V. O'Donnell, of Ellsworth, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This was an action to recover damages for malicious prosecution. The defendants were Schmidt, sheriff of Ellsworth County, Anderson, a deputy sheriff of Ellsworth County, and The Fidelity and Deposit Company of Maryland, surety on the sheriff's official bond. The jury returned a verdict in the amount of $2,400 against all three defendants and answered special questions. The sheriff and his surety moved for...

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