Todd v. Bradford
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, administratrix of the estate of Samuel Bradford, Esq., deceased, late sheriff of the county of Suffolk.
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This was an action of the case against the defendant, administratrix of the estate of Samuel Bradford, Esq., deceased, late sheriff of the county of Suffolk. In the first count of the declaration, the plaintiff alleges that, at the March term, 1817, of the Circuit Court of Common Pleas at Portland, he recovered judgment against one Abraham, Moore of Boston, for the sum of 193 dollars, 57 cents; that on the 24th of June then next following, he sued out his writ of execution, and delivered the same, on the same day, to «S'. Bell, late of said Boston, deceased, then and for more than six months…
1Opinion of the CourtParker, C. J.
The plaintiff, admitting by his demurrer the facts set forth in the plea in bar, denies the operation of the statute of insolvency in relation to suits against the representatives of sheriffs; and has *460argued that the legislature did not contemplate the insolvency of a sheriff, or provide for such an event; there being always security taken to the public, for the use of all the citizens who may be injured by the neglect or breach of duty of such officer.
It might be reasonable for the legislature to adopt the principle suggested by the counsel for the plaintiff, and to frame laws to carry it…
2Cited by2 opinions
- Ryan v. LyonMassachusetts Supreme Judicial Court · 1912
- Mitchell v. OsgoodSupreme Judicial Court of Maine · 1826