Sparhawk v. Bartlet
Massachusetts Supreme Judicial Court
The declaration, which was in case, stated that the plaintiff, on the 16th day of September, A. D. 1799, delivered to one John Hutson, one of the deputies of the defendant, a writ of attachment against one Newhall, commanding the sheriff or his deputy to attach the estate of Newhall to the value of 2000 * dollars, and for want thereof, to take his body, to [*189] answer to the plaintiff in a certain action in the said writ set forth: that Hutson returned upon the writ that…
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The declaration, which was in case, stated that the plaintiff, on the 16th day of September, A. D. 1799, delivered to one John Hutson, one of the deputies of the defendant, a writ of attachment against one Newhall, commanding the sheriff or his deputy to attach the estate of Newhall to the value of 2000 * dollars, and for want thereof, to take his body, to [*189] answer to the plaintiff in a certain action in the said writ set forth: that Hutson returned upon the writ that he had taken the body of Newhall, and- had- taken bail for his appearance, &c.: that such proceedings were had that, in…
1Opinion of the CourtSewall, J.
After stating the substance of the declaration, to gether with the issue and verdict, proceeded : —
It has been since moved, in the defendant’s behalf, that judgmen *185should not be entered for the plaintiff according to this verdict. This motion is offered upon the general ground, that the plaintiff’s declaration does not show a sufficient subsisting cause of action The objections to it are,
1st. That a sheriff is not answerable in this manner for the insufficiency of bail.
2dly. That, if answerable in any case, it is only when the in sufficiency of the bail is notorious, and the officer acts…
2Cases cited5 opinions
- Perkins v. PittsMassachusetts Supreme Judicial Court · 1814
- Cæsar v. BradfordMassachusetts Supreme Judicial Court · 1816
- Mather v. GreenMassachusetts Supreme Judicial Court · 1820
- Long v. BillingsMassachusetts Supreme Judicial Court · 1813
- Selectmen of Windsor v. JacobSupreme Court of Vermont · 1801
3Cited by7 opinions
- Bank of Middlebury v. Town of RutlandSupreme Court of Vermont · 1860
- Hartford Accident & Indemnity Co. v. YoungCourt of Appeals of Georgia · 1930
- Shull v. BartonNebraska Supreme Court · 1898
- Thornton v. HoganSupreme Court of Missouri · 1876
- Runlett v. BellSuperior Court of New Hampshire · 1831
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