Carlisle v. Village of Silver Creek

Citations

• 85 Miss. 380

Syllabus

<p>. 1. Official Bonds. Evidence. Code 1892, $1 1793-1797. Municipalities.</p> <p>Under Code 1892, §§ 1793.-1797, regulating th'e subject, in a suit upon the official bond of a village marshal, a copy of which was filed with the declaration, the copy of the bond so filed and the minute book of the municipality containing a record of the same is admissible in evidence in the absence of a plea denying its execution.</p> <p>2. Same.</p> <p>In such' case it is competent to prove by the defendant that he held the official position in question and executed the bond sued upon as his official bond.</p> <p>3. Same. Marshal. Assault in malting arrest.</p> <p>Although a village marshal may make an arrest without a warrant for an offense committed in his presence, he is liable on his official bond for damages resulting from a brutal and wanton assault in so making an arrest.</p>