Carter v. Duggan
Massachusetts Supreme Judicial Court
Tort, against a constable of the city of Boston, for accepting insufficient sureties on a bond taken by him in the service of á replevin writ. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows: The plaintiff called as a witness the clerk of the Superior Court, who produced the writ, bond, and record of the replevin suit wherein said bond had been taken.
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Tort, against a constable of the city of Boston, for accepting insufficient sureties on a bond taken by him in the service of á replevin writ. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows: The plaintiff called as a witness the clerk of the Superior Court, who produced the writ, bond, and record of the replevin suit wherein said bond had been taken. The plaintiff put in evidence said replevin writ, and also the return made thereon by the defendant in this action as a constable. The plaintiff then offered in…
1Opinion of the CourtMorton, C. J.
None of the exceptions taken by the defendant can be sustained.
1. The officer who serves a writ of replevin is required by statute to return the bond taken by him with the writ to the court to which the writ is returnable. Pub. Sts. c. 184, § 12. Gen. Sts. c. 143, § 12. The production of the writ with his return thereon, and of the bond with his acceptance thereon, is sufficient proof of the execution of the bond, and that he accepted it as sufficient. His return is conclusive upon him, and it was not necessary for the plaintiff in this case to prove the signatures to the bond by the…
2Cited by3 opinions
- Stern v. KnowltonMassachusetts Supreme Judicial Court · 1903
- Parker v. YoungMassachusetts Supreme Judicial Court · 1905
- Magnus v. WooleryWashington Supreme Court · 1896