Fournier v. Cyr
Supreme Judicial Court of Maine
On exceptions. Debt to recover the statute penalty provided by B. S., e. 80, § 43, for serving as constable a writ of replevin in favor of Olive Oyr against John B. Fournier, without having given the bond required by that section. The action was referred to Hon. II. B. Downes wbo made an alternative award, as the court should find the law upon tlie facts stated.
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On exceptions. Debt to recover the statute penalty provided by B. S., e. 80, § 43, for serving as constable a writ of replevin in favor of Olive Oyr against John B. Fournier, without having given the bond required by that section. The action was referred to Hon. II. B. Downes wbo made an alternative award, as the court should find the law upon tlie facts stated. Before serving the replevin writ Mr. Cyr had his bond prepared, leaving blank spaces in the body of it for the names of his sureties and the date of its execution. Tbe obligors executed it by signing their names and affixing tlieir…
1Opinion of the CourtAppleton, C. J.
This is an action of debt to recover the statute penalty for serving a writ as constable without having given bond. The defendant justifies as constable of Madawaska, and avers the giving of the requisite bond.
The defendant gave a bond as constable, the validity of which constitutes the principal question in controversy. The action was referred and the referee has made a special report of the facts upon which the objections to tbe bond are based.
The bond given by the defendant as constable was made out leaving the names of the sureties blank in the body of the bond and also the day of the…
2Cases cited3 opinions
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- Reed v. DrakeNew York Supreme Court · 1831
- Beach v. Fulton BankNew York Supreme Court · 1827
3Cited by3 opinions
- Harper v. PierceSupreme Court of Oklahoma · 1913
- Craig v. SpencerSupreme Court of Oklahoma · 1916
- City of Elizabeth v. ForceSupreme Court of New Jersey · 1878