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2 Mass. 569

Foster v. Baldwin

Massachusetts Supreme Judicial Court

Decided February 15, 1786

Massachusetts Supreme Judicial Court · decided 1786-02-15

This was an action of the case against Baldwin, as sheriff of the county of Middlesex, for refusing to deliver to the plaintiff a bail bond, in an action wherein Foster was plaintiff, and in which the deputy sheriff returned that he had taken bail. “ And the said -Baldwin comes and says that, at the time of the purchase and service of this writ, he was, long before had been, and ever since hath been, sheriff of the county of Middlesex; and that by law, for the misfeasance…

Good law ✅— No negative treatment on recordhow we know

Decided 1786-02-15

How this case has been cited

Cited by 5 later decisions — most recently April 1954

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*511* Judgment. — And after a full hearing of both par- [ *570 __ ties upon the said plea to the jurisdiction, the same was overruled by the Court, (Cushing, C. J., Sergeant, Sewall, Dana, and Sumner,) and the said Baldwin ordered to answer over to the plaintiff s writ and declaration. (a)

¶2 Marshall vs. Hosmer, 3 Mass. Rep. 23. — French vs. Judkins, 7 Mass. Rep 229). — Pearce vs. Atwood, 33 Mass. Rep. 224.

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