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.
Mather vs. Green, 17 Mass. Rep. 60.