Nye v. Smith
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, a deputy sheriff for the county of Kennebeck, for taking insufficient bail, upon an original writ in favor of the plaintiff against one Samuel Aspinwall.
Read the full summary
This was an action of the case against the defendant, a deputy sheriff for the county of Kennebeck, for taking insufficient bail, upon an original writ in favor of the plaintiff against one Samuel Aspinwall. The declaration alleges the suing out of the writ and the delivery of it to Smith; an arrest by him of Aspinwall; the taking of one Benjamin Follansbee as sole bail; the recovery of judgment, and the delivery of an execution thereon to one Hazeltine, another deputy sheriff for the same county, who returned it with a non est inventus ; the suing out a scire facias against Follansbee, on…
1Per curiam
The defendant is charged in this action for having taken insufficient bail in an action heretofore instituted by the plaintiff. The question reserved upon the trial respects exclusively the amount of damages to which the plaintiff is entitled upon the evidence. This is not the case of the original debtor’s ibsconding. He has been always * subject to be taken [ * 190 J m execution. As to him, then, the creditor has had all the remedy he would have had if the bail had been above all objection. And it is competent for an officer to show that the creditor has not suffered from his neglect. In…
2Cases cited2 opinions
- Wilby v. PhinneyMassachusetts Supreme Judicial Court · 1818
- Shackford v. GoodwinMassachusetts Supreme Judicial Court · 1816
3Cited by3 opinions
- Clark v. SmithSupreme Court of Connecticut · 1832
- West v. RiceMassachusetts Supreme Judicial Court · 1845
- Fidelity America Financial Corp. v. Revere Restaurant Equipment & SupplyMassachusetts District Court, Appellate Division · 1972