Clapp v. Hayward

Massachusetts Supreme Judicial Court

Clapp v. Hayward

15 Mass. 276

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1818

StatusPublished

Cited by3 cases

This text of 15 Mass. 276 (Clapp v. Hayward) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clapp v. Hayward, 15 Mass. 276 (Mass. 1818).

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Opinion

By the Court.

Judgment must be entered for the plaintiff; on the ground that the bond, being for a penal sum less than double the amount of the sums for which the debtor was imprisoned, was void under the statute, or rather was not in conformity to it; and that the creditor was not obliged to accept such bond, but might, notwithstanding, charge the sheriff in an action for the escape.

It is not decided that a bond for more than double the amount would be, for that reason, sufficient to protect the sheriff. As to this point, no opinion is given,

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By the Court.

Judgment must be entered for the plaintiff; on the ground that the bond, being for a penal sum less than double the amount of the sums for which the debtor was imprisoned, was void under the statute, or rather was not in conformity to it; and that the creditor was not obliged to accept such bond, but might, notwithstanding, charge the sheriff in an action for the escape.

It is not decided that a bond for more than double the amount would be, for that reason, sufficient to protect the sheriff. As to this point, no opinion is given,

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Bluebook (online)

15 Mass. 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clapp-v-hayward-mass-1818.

Opinion

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