Mason v. Chase

This is an action to recover damages for taking insufficient bail upon a capias writ, which had been handed to the defendant as a constable for service. The cause comes here upon the plaintiff’s exceptions to the direction of a verdict for the defendant, upon his motion, and to the entry of a judgment for the defendant.

The undisputed evidence viewed most favorably to the plaintiff reasonably tended to show the following facts: On March 31, 1949, the defendant, as constable, had a writ for service in an action of tort brought by Clark H. Mason, the plaintiff herein, against Clarence J. Carr,…