Bispham v. Taylor
U.S. Circuit Court for the District of Indiana
[At law. Action by Samuel Bispham against Taylor and others upon a bond executed by the defendant Taylor as marshal, and by the other defendants as his sureties. [For decision overruling a demurrer to the declaration, see Case No. 1,443.]
1Opinion of the Court
OPINION OF
THE COURT.
This action is brought against Taylor and his sureties, as marshal, for taking insufficient bail under the act of Indiana, "to subject real and personal estate to execution.” The defence set up is that the defendant, in the execution under which bail was taken, was insolvent, and that, consequently, the plaintiff xvas not injured.
The 14th section of the above act provides, “that when execution of any kind may issue upon any judgment upon which no stay of execution may have been taken, under the 13th section of the same act, the officer issuing the same shall indorse…
2Cases cited4 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Potter v. LansingNew York Supreme Court · 1806
- Young v. HosmerMassachusetts Supreme Judicial Court · 1814
- Russell v. TurnerNew York Supreme Court · 1810