Young v. Hosmer
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, as sheriff of the county of Middlesex, for taking insufficient bail, upon the arrest of one Thomas Kitteridge, on mesne process, at the suit of the plaintiff, by one Stephen Reed, one of the plaintiff’s deputies. It appeared that the deputy took one M. R. Bartlet only as bail, and that he had avoided on the scire facias, as had Kitteridge, the prin cipal debtor, on the original suit.
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This was an action of the case against the defendant, as sheriff of the county of Middlesex, for taking insufficient bail, upon the arrest of one Thomas Kitteridge, on mesne process, at the suit of the plaintiff, by one Stephen Reed, one of the plaintiff’s deputies. It appeared that the deputy took one M. R. Bartlet only as bail, and that he had avoided on the scire facias, as had Kitteridge, the prin cipal debtor, on the original suit. After a verdict for the plaintiff, taken November term, 1812, before Parker, J., for the original debt, costs, &e., the defendant moved for a new trial on the…
1Per curiam
The first objection is, that the original writ and judgment are in favor of Dan Young, and that, in the * execution and in the proceedings against the bail, he is [ * 90 ] called Daniel. This was clearly a misprision of the clerk in issuing a judicial writ, and, being so, might be amended. Besides, it was not necessary for the plaintiff to show the proceedings against the bail, particularly where no evidence was offered on the part' of the defendant tending to show his sufficiency, and where especially, as in this case, one surety only had been accepted. His insufficiency might have been…
2Cases cited6 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Campbell v. StilesMassachusetts Supreme Judicial Court · 1812
- Burrell v. BurrellMassachusetts Supreme Judicial Court · 1813
- Cæsar v. BradfordMassachusetts Supreme Judicial Court · 1816
- Mather v. GreenMassachusetts Supreme Judicial Court · 1820
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Patterson v. WesterveltNew York Supreme Court · 1837
- Taylor v. Johnson ex rel. A. W. & W. P. CarmichaelSupreme Court of Georgia · 1855
- Beacon Trust Co. v. WrightMassachusetts Supreme Judicial Court · 1934
- Stevens v. RoweNew York Supreme Court · 1846
- Bank of Whitehall v. PettesSupreme Court of Vermont · 1841
8 more not listed; retrieve them via the Exa API.