Rice v. Hosmer
Massachusetts Supreme Judicial Court
[*127] * This was an action of the case, brought against the defendant, former sheriff of the county of Middlesex, for the default of Peter Edes, formerly one of his deputies, in taking insufficient bail. The defendant pleaded, that the cause of action did not accrue • within four years, &c.; which plea was traversed, and issue joined thereon.
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[*127] * This was an action of the case, brought against the defendant, former sheriff of the county of Middlesex, for the default of Peter Edes, formerly one of his deputies, in taking insufficient bail. The defendant pleaded, that the cause of action did not accrue • within four years, &c.; which plea was traversed, and issue joined thereon. The plea was founded on the statute of 1796, c. 71, which provides that all actions against sheriffs, for the misconduct or negligence of their deputies, shall be commenced within four years next after the cause of action. Upon the trial of the said…
1Opinion of the CourtDewey, J.
It is contended, for the defendant, that the cause of action accrued for the default of the deputy sheriff immediately on the act of his taking insufficient bail ; and that the term of limitation began to run from that time, or, at furthest, from the time when the writ was returnable into court. If he is right in either of these positions, the plaintiffs commenced their action too late ; and it is barred by the statute. But, if the cause of action did not accrue until after judgment was rendered against Carlton, in the original action, the suit is well commenced within the time of limitation.
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2Cases cited3 opinions
- Mellen v. BaldwinMassachusetts Supreme Judicial Court · 1808
- Cæsar v. BradfordMassachusetts Supreme Judicial Court · 1816
- Mather v. GreenMassachusetts Supreme Judicial Court · 1820
3Cited by4 opinions
- Bank of Middlebury v. Town of RutlandSupreme Court of Vermont · 1860
- Steel v. BryantSupreme Court of Iowa · 1878
- Gerrish v. EdsonSuperior Court of New Hampshire · 1817
- Borgstede v. LewisSupreme Court of Louisiana · 1851