Tracy v. Warren
Massachusetts Supreme Judicial Court
Contract in the name of the treasurer of Boston, by Henry P. Boynton, on the bond of Silas Warren as a constable of Boston for a year from September 26,1864, upon which the defendant’s intestate, Dewey K. Warren, was a surety.
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Contract in the name of the treasurer of Boston, by Henry P. Boynton, on the bond of Silas Warren as a constable of Boston for a year from September 26,1864, upon which the defendant’s intestate, Dewey K. Warren, was a surety. Writ dated October 26, 1868. The pleadings and an agreed statement, on which the case was submitted to this court on appeal from the superior court, showed these facts: On June 6,1865, Silas Warren, as a constable, attached on a writ against Susan M. Badger goods which Boynton replevied from his custody on July 10,1865. In the replevin suit, entered in the superior…
1Opinion of the CourtColt, J.
The only objection made to the maintenance oi this action on the bond is, that no judgment, within the meaning of the St. of 1814, c. 165, § 1, has been recovered against Warren, the principal obligor, for malfeasance or misfeasance in his office, as constable of the city of Boston.
The statute cited is still in force, and authorizes persons injured by any. breach of a constable’s bond, given to the treasurer of the city, to maintain an action therefor upon the bond in the name of the treasurer, provided a judgment for malfeasance or misfeasance, or for nonpayment of money collected, shall…
2Cited by4 opinions
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