Mather v. Green
Massachusetts Supreme Judicial Court
Case against the defendant, a deputy sheriff of the county of Hancock, for taking insufficient bail. Issue being joined on the statute of limitations, the parties submitted the action to the determination of the Court, upon the following facts. The plaintiff sued an original writ against one Thomas Wasgatt, which was delivered to the defendant, with special directions to attach sufficient property, or hold Wasgatt to bail.
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Case against the defendant, a deputy sheriff of the county of Hancock, for taking insufficient bail. Issue being joined on the statute of limitations, the parties submitted the action to the determination of the Court, upon the following facts. The plaintiff sued an original writ against one Thomas Wasgatt, which was delivered to the defendant, with special directions to attach sufficient property, or hold Wasgatt to bail. On [ * 61 ] the 5th of June, 1813, the defendant made his * return upon the writ, that he had arrested the body and taken bail. The plaintiff, having obtained judgment in…
1Opinion of the Court
By the Court.
The question in this case is, At what time did the plaintiff’s right of action accrue ? It is argued for the plaintiff that his right did not commence, until after the return of non est inventus upon his execution against the bail. But it is our opinion *50that the plaintiff might have commenced his action against the defendant immediately after the return of non est inventus upon his execution against the principal debtor. The plaintiff should then have inquired into the sufficiency of the bail. Had he done that, he would have at once ascertained the default of the defendant, in…
2Cited by9 opinions
- McKay v. CoolidgeMassachusetts Supreme Judicial Court · 1914
- Young v. HosmerMassachusetts Supreme Judicial Court · 1814
- Steel v. BryantSupreme Court of Iowa · 1878
- Sparhawk v. BartletMassachusetts Supreme Judicial Court · 1806
- Rice v. HosmerMassachusetts Supreme Judicial Court · 1815
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