Long v. Billings
Massachusetts Supreme Judicial Court
Case against a deputy sheriff for taking insufficient bail, whereby the plaintiff lost the benefit of a judgment obtained by him against one Joseph Chapin.
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Case against a deputy sheriff for taking insufficient bail, whereby the plaintiff lost the benefit of a judgment obtained by him against one Joseph Chapin. Upon trial of the cause, before Parker, J., November term, 1810, on the general issue, the jury found a verdict for the defendant, upon full and satisfactory evidence, that Asa Nichols, who executed the bail bond-as surety, was at the time of the arrest of Chapin, and of the giving of the bail, a merchant of large fortune and in good credit, doing business at Boston ; although he had afterwards, and before the trial of this action, become…
1Opinion of the Court
Sewall,, J.
The defendant is charged with a neglect of duty in his office of deputy sheriff, in having taken insufficient bail upon a writ, by virtue of which he had arrested one Joseph Chapin at the suit of the present plaintiff. The surety accepted upon the bail bond was of sufficient estate when the bond was given, but became insolvent, and proved to be wholly insufficient, after the plaintiff had recovered a judgment in his suit against Chapin, and when, in consequence of his avoidance, the plaintiff became entitled to a remedy against the bail.
The liability of a sheriff for the…
2Cited by3 opinions
- Sparhawk v. BartletMassachusetts Supreme Judicial Court · 1806
- Gerrish v. EdsonSuperior Court of New Hampshire · 1817
- Glezen v. RoodMassachusetts Supreme Judicial Court · 1841