Dennis v. Smith
Cases that cite this one
7 later published cases cite this decision.
- Standard Accident Ins. Co. v. Hattie (Ohio Ct. App. 1935)
- Titcomb v. Bay State Grocery Co. (Mass. 1926)
- Stevens v. Carroll (Iowa 1906)
- Lewis v. Mills (Neb. 1896)
- Thomas v. Markmann (Neb. 1895)
- Beauchaine v. McKinnon (Minn. 1893)
- People ex. rel. Tuthill v. Russell (New York Supreme Court 1881)
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
We find no error in the rulings of the presiding judge. Upon making the attachment, it was the official duty of the constable to retain possession of the property, to await the result of the suit, and, upon the termination of the suit in favor of the original defendant, to return it to him. His failure to do so was a breach of his official duty. It was therefore a violation of the condition of his bond. It is immaterial that, in the suit against the constable, the declaration does not in terms describe him as holding that office.
The conclusiveness of the former judgment, both as to principal and sureties, in a suit against them upon their joint bond, is distinctly settled in Tracy v. Goodwin, 5 Allen, 409. In Boston v. Moore, 3 Allen, 126, cited by the defendants, the alleged misconduct of the officer consisted in not accounting for money paid to him by the debtor in settlement of the claim sued; a neglect which the court held not to be a violation of official duty.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.