Glezen v. Rood
Massachusetts Supreme Judicial Court
Trespass upon the case against a deputy sheriff for not returning, or delivering to the plaintiff, a bail bond alleged to have been taken by the defendant, in a suit by the plaintiff against Otis W. Dimmick.
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Trespass upon the case against a deputy sheriff for not returning, or delivering to the plaintiff, a bail bond alleged to have been taken by the defendant, in a suit by the plaintiff against Otis W. Dimmick. It appeared, at the trial before Strong, J. in the court of common pleas, that the plaintiff sued out and delivered to the defendant a writ against said Dimmick, returnable at the October term, 1838, oi the same court, and that the defendant returned on said writ that he bad arrested the said Dimmick and held him to bail: That the plaintiff recovered judgment in that' suit, at October…
1Opinion of the CourtDewey, J.
The only question raised by the exceptions m the present case is, whether the bail bond, taken by the defendant, was so far good and sufficient, that if it had been duly returned and filed in the clerk’s office, it would have constituted a defence to an action like the present, where the only laches alleged against the officer is the neglect to return or deliver to the plaintiff the bail bond, which, in his return indorsed on the writ, he certified he had taken
*492The position assumed by the plaintiff is, that the instrument, offered to be delivered to him by the defendant as such bail bond, was…
2Cases cited3 opinions
- Colburn v. DownesMassachusetts Supreme Judicial Court · 1813
- Jackson v. AdamsMassachusetts Supreme Judicial Court · 1813
- Long v. BillingsMassachusetts Supreme Judicial Court · 1813