Greenius v. American Surety Co.

Citations

• 92 Wash. 401
• 159 P. 384

Syllabus

<p>Sheriffs and Constables — Arrest—Right to Make Abbest — Offices Without Wabeant. A peace officer is authorized to make an arrest without warrant after a felony had been committed where he had reasonable grounds to believe that the party arrested had committed a felony.</p> <p>Same — 'Unlawful Abbest — Action on Oeficial Bond — Acts Coloee ob Vibtute Offich. Where a constable makes an arrest without warrant and without reasonable grounds for believing that the party arrested had committed a felony, he nevertheless acts virtute officii, and renders the surety upon his official bond liable for the trespass committed.</p> <p>Same — Unlawful Abbest — Action on Official Bond — Pleading. A complaint upon the official bond of a constable for making an unlawful arrest without warrant properly alleges that the plaintiffs had not committed a felony and that the constable had no reasonable grounds for believing that they had done so.</p>