Crocker v. Buttrick
Massachusetts Supreme Judicial Court
Contract, under St. 1814, e. 165, and acts in addition or amendment thereto, on a constable’s bond given by the defendant Buttrick as principal and the defendants Deane and Gunn as sureties for the faithful performance by Buttrick of his duties as a constable in the city of Boston.
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Contract, under St. 1814, e. 165, and acts in addition or amendment thereto, on a constable’s bond given by the defendant Buttrick as principal and the defendants Deane and Gunn as sureties for the faithful performance by Buttrick of his duties as a constable in the city of Boston. Writ dated March 22, 1904. In the Superior Court the case was tried before Schofield, J. At the close of the plaintiff’s evidence the defendants offered no evidence, and, among other requests, requested the judge to rule: 1. That on all the evidence the jury must return a verdict for the defendants. 3. That no…
1Opinion of the CourtKnowlton, C. J.
This is an action brought by one Hyams in the name of the treasurer of the city of Boston, upon a constable’s official bond given under the provisions of the R. L. c. 25, § 90, and c. 26, § 14. A copy of the bond is made a part of the bill of exceptions, and it is stated that the giving, approval and filing of the bond appeared in evidence. It was admitted that a judgment was obtained by Hyams against the defendant Buttrick, for acts done by him as constable, and that the judgment was not satisfied after a demand was made upon him, but remained unsatisfied at the time of bringing this action.
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2Cases cited4 opinions
- McKim v. RoosaMassachusetts Supreme Judicial Court · 1903
- Tracy v. MerrillMassachusetts Supreme Judicial Court · 1869
- Tracy v. WarrenMassachusetts Supreme Judicial Court · 1870
- Hayes v. NashMassachusetts Supreme Judicial Court · 1880
3Cited by3 opinions
- Wagner v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Ryan v. LyonMassachusetts Supreme Judicial Court · 1912
- Treasurer of City of Boston v. SchaperoMassachusetts Supreme Judicial Court · 1914