City of Fall River v. Riley
Massachusetts Supreme Judicial Court
Contract, for the benefit of M. B. Slocum, for the breach of a bond executed by the defendant Riley as principal, and by the other defendants as sureties, and conditioned for the faithful performance by Riley of his duties, as a constable of the city of Fall River, in the service of all civil processes committed to him.
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Contract, for the benefit of M. B. Slocum, for the breach of a bond executed by the defendant Riley as principal, and by the other defendants as sureties, and conditioned for the faithful performance by Riley of his duties, as a constable of the city of Fall River, in the service of all civil processes committed to him. After the former decision, reported 138 Mass. 336, the case was tried in the Superior Court, before Staples, J., who directed a verdict for the defendants ; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
When this case was last before us, it was not in controversy that the judgment obtained against the defendant Riley by Slocum, for negligence in suffering an escape of one Maynard, who had been arrested at the suit of Slocum, was a valid judgment. The inquiry was whether, before bringing an action upon the bond of Riley as constable, an execution against him having been returned unsatisfied, a demand should have been made upon him, and whether, if so, there were circumstances which would excuse such a demand. Fall River v. Riley, 138 Mass. 336. At the subsequent trial, the defendants, who are…
2Cases cited5 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
- Stimpson v. Inhabitants of MaldenMassachusetts Supreme Judicial Court · 1872
- Wood v. MannMassachusetts Supreme Judicial Court · 1878
- City of Fall River v. RileyMassachusetts Supreme Judicial Court · 1885
3Cited by15 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- Pickard v. ClancyMassachusetts Supreme Judicial Court · 1916
- Washington National Bank v. WilliamsMassachusetts Supreme Judicial Court · 1905
- Old Colony Boot & Shoe Co. v. Parker-Sampson-Adams Co.Massachusetts Supreme Judicial Court · 1903
- Cancel Cappa v. MartínezSupreme Court of Puerto Rico · 1952
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