West v. Rice
Massachusetts Supreme Judicial Court
This was an action of trespass upon the case against the sheriff of Hampden, commenced on the 29th of April 1842, for the default of Israel M. Parsons, his deputy, in not taking sufficient bail on a writ sued out by the plaintiffs against Henry W. Hatch and James S. Hatch, on the 2d of October 1837, and returnable to the court of common pleas on the third Monday of February 1838. At the trial of the present action, in the court of common pleas, before Washburn, J., the…
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This was an action of trespass upon the case against the sheriff of Hampden, commenced on the 29th of April 1842, for the default of Israel M. Parsons, his deputy, in not taking sufficient bail on a writ sued out by the plaintiffs against Henry W. Hatch and James S. Hatch, on the 2d of October 1837, and returnable to the court of common pleas on the third Monday of February 1838. At the trial of the present action, in the court of common pleas, before Washburn, J., the plaintiffs put into the case their said writ against H. W. and J. S. Hatch, on which, said deputy had made a return, that he…
1Opinion of the CourtDewey, J.
1. The right of action against the defendant, for taking insufficient bail, accrued upon the return of non est inventus upon the execution issued against the principal. Rice v. Hosmer, 12 Mass. 127. Mather v. Green, 17 Mass. 60. It is true, that by the Rev. Sts. c. 91, § 4, the bail bond is required to be returned by the officer to the clerk of the court, and filed with the writ. The omission to perform this duty would subject the officer to an action ; but it might be only for nominal damages. He might have taken a good and sufficient bail bond, and having returned upon his writ that he had…
2Cases cited3 opinions
- Mather v. GreenMassachusetts Supreme Judicial Court · 1820
- Shackford v. GoodwinMassachusetts Supreme Judicial Court · 1816
- Nye v. SmithMassachusetts Supreme Judicial Court · 1814
3Cited by1 opinion
- Oaks v. American Surety Co. of N.Y.Idaho Supreme Court · 1938