Smith v. Adams

Massachusetts Supreme Judicial Court

Smith v. Adams

53 Mass. 564

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1847

StatusPublished

This text of 53 Mass. 564 (Smith v. Adams) 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

Smith v. Adams, 53 Mass. 564 (Mass. 1847).

Pincite

Opinion

Shaw, C. J.

The ruling was right. By the Rev. Sts. c. 91, § 1, “ when bail is taken in any civil action, it shall be taken, as heretofore practised in this Commonwealth, by a bond to the sheriff, if the writ is served by him or his deputy.” A bail bond, taken by a deputy sheriff of one county, to the sheriff of another county, is of no more avail than a bond to a stranger. The statute is explicit, that when bail is taken by the sheriff or his deputy, it shall be by bond to the sheriff; that is, more fully, if taken by a deputy, by a bond to his own superior, the sheriff of the same county.

Exceptions overruled,.

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Shaw, C. J.

The ruling was right. By the Rev. Sts. c. 91, § 1, “ when bail is taken in any civil action, it shall be taken, as heretofore practised in this Commonwealth, by a bond to the sheriff, if the writ is served by him or his deputy.” A bail bond, taken by a deputy sheriff of one county, to the sheriff of another county, is of no more avail than a bond to a stranger. The statute is explicit, that when bail is taken by the sheriff or his deputy, it shall be by bond to the sheriff; that is, more fully, if taken by a deputy, by a bond to his own superior, the sheriff of the same county.

Exceptions overruled,.

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Bluebook (online)

53 Mass. 564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-adams-mass-1847.