Clapp v. Hayward
Cases that cite this one
3 later published cases cite this decision.
- Servis v. Marsh (U.S. Circuit Court for the Northern District of Illnois 1889)
- Croom v. Travis' Adm'r (Ala. 1846)
- Mallory v. Miller (Tenn. 1825)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of 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,
Defendant defaulted.
Clap vs. Copan, 7 Mass. Rep. 101. — Bartlett vs. Willis & Al. 3 Mass. Rep. 105
Case-law data current through December 31, 2025. Source: CourtListener bulk data.