70 Mass. 300
Massachusetts Supreme Judicial Court
Decided October 15, 1855
Massachusetts Supreme Judicial Court · decided 1855-10-15
Scire facias against the defendants, as bail of Gardner Sheldon. The parties agreed that the bail bond was taken to a deputy of the sheriff of Worcester in an action returnable to the court of common pleas for this county; and submitted to the decision of the court the question whether the defendants were legally liable thereon.
Decided 1855-10-15
¶1The liability of these defendants to be charged as bail depends upon the validity of the bond executed by them. This bond was given to the deputy sheriff who arrested the defendant in the original suit. Such bond is clearly invalid in law, either under the English St. 23 H. 6, c. 9, or under our Rev Sts. c. 91, § 1. 2 Saund. 59, note. Smith v. Adams, 12 Met. 564.
¶2Judgment for the defendants.