Cæsar v. Bradford
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, as sheriff of this county, for the malfeasance of Bradish Billings, one of his deputies, in one count, for falsely returning, upon an original writ in favor of the plaintiff against one Nathaniel Ingraham, that he had arrested Ingraham's body and had taken bail; and, in another count, for not returning the execution which issued upon the judgment recovered by the. plaintiff in the same suit.
Read the full summary
This was an action of the case against the defendant, as sheriff of this county, for the malfeasance of Bradish Billings, one of his deputies, in one count, for falsely returning, upon an original writ in favor of the plaintiff against one Nathaniel Ingraham, that he had arrested Ingraham's body and had taken bail; and, in another count, for not returning the execution which issued upon the judgment recovered by the. plaintiff in the same suit. The writ was dated June 20th, 1814. It was in evidence at the trial, which was had upon the general issue, before Parker, C. J., at the last November…
1Opinion of the CourtParker, C. J.
The question made in this case is, whether the plaintiff has not lost his right of action against the sheriff for the misfeasance of his deputy, because he did not make a demand of the bail-bond within a year after judgment against the principal. The position is attempted to be supported by analogy to the action against bail, which is limited to a year after judgment against the principal; and it is said no damage has been sustained, because, had there been a bail-bond, the plaintiff, by his negligence, would have lost his remedy upon it.
But this is taking for granted what may never have…
2Cited by10 opinions
- Bank of Hartford County v. WatermanSupreme Court of Connecticut · 1857
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Betts v. NorrisSupreme Judicial Court of Maine · 1842
- McKay v. CoolidgeMassachusetts Supreme Judicial Court · 1914
- Young v. HosmerMassachusetts Supreme Judicial Court · 1814
5 more not listed; retrieve them via the Exa API.