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GARNER v. STATE

266 S.W.2d 358 (1953)

GARNER et al. v. STATE ex rel. ASKINS.

Court of Appeals of Tennessee, Middle Section.

Certiorari Denied April 16, 1954.

Attorney(s) appearing for the Case

John F. Green and Pat B. Lynch, Winchester, for plaintiff in error Fidelity & Casualty Co. of New York.

Brown Weddington, Winchester, for plaintiff in error J.B. Garner.

Joe S. Bean and Joe R. Hickerson, Winchester, for defendant in error.

Certiorari Denied by Supreme Court April 16, 1954.

FELTS, Judge.

This action was brought by Billy T. Askins against J.B. Garner, a Constable, and the Fidelity and Casualty Company of New York, surety on his official bond, to recover damages for an assault and battery committed by the Constable upon plaintiff while arresting him for an alleged traffic violation.

Plaintiff averred in his declaration that, while acting officially and arresting him, the...

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