Letow v. United States Fidelity & Guaranty Co.

Citations

• 120 Miss. 763
• 83 So. 81

Syllabus

<p>1. Appeal and Erbob; Review of verdict. Conflicting evidence.</p> <p>Where ' on the trial of a suit on the bond of a policeman for assaulting plaintiff while arresting him, there was a sharp conflict in the evidence and the jury found for the defendant, the supreme court on apeal will not disturb the verdict of the jury if the facts show a justifiable arrest, and that no unnecessary force was used in making the arrest.</p> <p>• 2. Abrest. Arrest without warrant. Violation of city ordinance.</p> <p>Under section 1447, Code 1906 (Hemingway’s Code, section 1204), providing for an officer or private citizen to make arrest without warrant for “indictable” offenses comitted, etc., the word “indictable” in this section means such offenses as a grand jury may indict for and does not include municipal ordinances.</p> <p>3. Municipal Corporations. Liability on policeman's• bond. Assault -while mahing arrest.</p> <p>Where in a suit on a policeman’s bond for assault while making an arrest, the defendant set- up in justification of the assault the lawfulness of the arrest but failed to establish this defense, the plaintiff ’in such case was entitled to a peremptory instruction.</p>