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; the breach alleged being the suffering one Maynard, who had been arrested by Riley upon a writ in favor of the plaintiff, to escape from custody.
Read the full summary
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; the breach alleged being the suffering one Maynard, who had been arrested by Riley upon a writ in favor of the plaintiff, to escape from custody. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The plaintiff proved…
1Opinion of the CourtDevens, J.
It was held in Tracy v. Merrill, 103 Mass. 280, that an action could not be maintained upon a constable’s official bond, on proof of a judgment against him in a suit for official misconduct, without evidence of a demand upon him to pay the amount of the judgment. The plaintiff contends that this decision does not apply to the case at bar, as the bond then in suit was that of a constable of Boston, the liability on which was governed by the St. of 1814, c. 165, then in force, which statute, by its terms, applied only to the city of Boston. That statute was held to be still in force in the…
2Cases cited3 opinions
- Cooper v. MowryMassachusetts Supreme Judicial Court · 1819
- Tracy v. MerrillMassachusetts Supreme Judicial Court · 1869
- Tracy v. WarrenMassachusetts Supreme Judicial Court · 1870
3Cited by4 opinions
- City of Fall River v. RileyMassachusetts Supreme Judicial Court · 1886
- City of Cambridge v. FosterMassachusetts Supreme Judicial Court · 1907
- Ryan v. LyonMassachusetts Supreme Judicial Court · 1912
- Treasurer of City of Boston v. SchaperoMassachusetts Supreme Judicial Court · 1914