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YANCEY v. FIDELITY & CASUALTY CO. OF N. Y.

36692, 36721.

96 Ga. App. 476 (1957)

100 S.E.2d 653

YANCEY, Administratrix v. FIDELITY & CASUALTY COMPANY OF NEW YORK; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied October 9, 1957.

Attorney(s) appearing for the Case

Daniel Duke, for plaintiff in error.

Allison & Pittard, Lokey & Bowden, Hamilton Lokey, contra.

NICHOLS, J.

1. The general grounds of the motion for new trial will be dealt with first.

The action was brought against the surety on the sheriff's official bond for the alleged illegal arrest of the now deceased J. W. Yancey, it being alleged that the said J. W. Yancey died while incarcerated in the county jail after the alleged illegal arrest. The uncontradicted evidence showed that prior to 7:30 p. m. on the date of the alleged illegal arrest the sheriff...

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