Dennis v. Smith
Massachusetts Supreme Judicial Court
Contract by the treasurer of the city of Boston, for the benefit of John Hamilton, upon a constable’s bond, executed by Lebbeus W. Smith as principal, and by the other defendants as sureties, and containing the condition that Smith should “ faithfully perform all the duties of a constable in the service of all civil processes which may be committed to him.”
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Contract by the treasurer of the city of Boston, for the benefit of John Hamilton, upon a constable’s bond, executed by Lebbeus W. Smith as principal, and by the other defendants as sureties, and containing the condition that Smith should “ faithfully perform all the duties of a constable in the service of all civil processes which may be committed to him.” At the trial in the Superior Court, before Wilkinson, J., it appeared that, in February 1876, a schooner belonging to Hamilton was attached by Smith, then a constable, on a writ in which Hamilton and others were named as defendants; that…
1Opinion of the CourtAmes, J.
We find no error in the rulings of the presiding judge. Upon making the attachment, it was the official duty of the constable to retain possession of the property, to await the result of the suit, and, upon the termination of the suit in favor of the original defendant, to return it to him. His failure to do so was a breach of his official duty. It was therefore a violation of the condition of his bond. It is immaterial that, in the suit against the constable, the declaration does not in terms describe him as holding that office.
The conclusiveness of the former judgment, both as to principal…
2Cited by9 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- Beauchaine v. McKinnonSupreme Court of Minnesota · 1893
- Titcomb v. Bay State Grocery Co.Massachusetts Supreme Judicial Court · 1926
- Thomas v. MarkmannNebraska Supreme Court · 1895
- Treasurer of City of Boston v. SchaperoMassachusetts Supreme Judicial Court · 1914
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