Crane v. Shaw
Massachusetts Supreme Judicial Court
Scire facias against the defendant, as bail of one Charles Shaw. In a case stated, for the opinion of the Court, it appeared, that the principal was an inhabitant of Bath, in the county of Lincoln, and, being accidentally in this place, was arrested by a constable of Portland, at the plaintiff’s suit, upon an original writ, returnable to the Court of Common Pleas for this county, and the defendant, an inhabitant of Portland, became his bail.
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Scire facias against the defendant, as bail of one Charles Shaw. In a case stated, for the opinion of the Court, it appeared, that the principal was an inhabitant of Bath, in the county of Lincoln, and, being accidentally in this place, was arrested by a constable of Portland, at the plaintiff’s suit, upon an original writ, returnable to the Court of Common Pleas for this county, and the defendant, an inhabitant of Portland, became his bail. The plaintiff, having obtained judgment, sued out his execution, directed to the several sheriffs of Lincoln and Cumberland, and to the constables of the…
1Opinion of the Court
By the Court.
We think this case settled by that of * Brown vs. Wallace. A reason for that decision, not mentioned in the report, and which equally applies to the case at bar, is, that, the principal being at ail times, in legal contemplation, in the custody of the bail, the latter may, at his pleasure, bring him within the precinct of the officer holding the execution, and offer him to the officer to be taken. If the execution, in this case, had been delivered to the sheriff of the county of Lincoln, a return of non est inventus by him would have been sufficient, without search, if there was…
2Cited by4 opinions
- Robinson v. EagleSupreme Court of Arkansas · 1874
- Whittemore v. ShawSuperior Court of New Hampshire · 1836
- Way v. BrighamMassachusetts Supreme Judicial Court · 1885
- People ex rel. Seaman v. TawneyAppellate Court of Illinois · 1935