Rayner v. Bell ( 1819 )

By the Court.

This case is settled by the case of Young vs. Hosmer, 11 Mass. Rep. 89. There seems to be no reason for requiring a creditor first to prosecute a fruitless suit against the bail; thus increasing the final expense to the officer. If he has taken insufficient bail, the wrong is then done, and the right of action accrues, ^(a) Judgment on the verdict.

(a) Mather vs. Green, 17 Mass. Rep. 60.