Legal Opinion

Brown v. Wallace

Massachusetts Supreme Judicial Court

Decided October 15, 1810PublishedCited by 4 opinions

This was a scire facias against Wallace, as bail of one Hubbard, » wne is named in the proceedings as of Belfast, in the county of Hancock. Hubbard was arrested by the sheriff of Suffolk. The execution in the original action was directed to the sheriffs of Suffolk and Hancock, and to the coroners of Suffolk, there being at that time no sheriff in the county of Suffolk. Benjamin Homans, a coroner of Suffolk, returned it with non est inventus.

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This was a scire facias against Wallace, as bail of one Hubbard, » wne is named in the proceedings as of Belfast, in the county of Hancock. Hubbard was arrested by the sheriff of Suffolk. The execution in the original action was directed to the sheriffs of Suffolk and Hancock, and to the coroners of Suffolk, there being at that time no sheriff in the county of Suffolk. Benjamin Homans, a coroner of Suffolk, returned it with non est inventus. The defendant demurred to the scire facias, and the plaintiff joined in demurrer.

1Opinion of the Court

But it was answered by the Court, that it had been long a settled practice to deliver the execution to the same officer who took the bail. His return is sufficient. — So the scire facias was adjudged good and sufficient.

2Cited by4 opinions

  1. Way v. BrighamMassachusetts Supreme Judicial Court · 1885
  2. Eldridge v. BellowsSuperior Court of New Hampshire · 1814
  3. Fuller v. HowardSupreme Court of Vermont · 1834
  4. Heywood v. BentonSupreme Court of New Hampshire · 1871