Clapp v. Hayward

15 Mass. 276

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,

Footnotes

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(a)

Defendant defaulted.

Clap vs. Copan, 7 Mass. Rep. 101. — Bartlett vs. Willis & Al. 3 Mass. Rep. 105