Hatch v. Mann

Court for the Trial of Impeachments and Correction of Errors

Decided July 1, 1799

Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01

This case began thus:— Mann sued Hatch before a justice of the peace, for services rendered by him in arresting one G. on a justice’s warrant. He proved that he, on being applied to at an unseasonable hour, declined the service; but on Hatch’s offering to “ pay him well for it,” he agreed to perform it, and employed a person to assist him; that they went to the house of G. at three o’clock in the morning, and at about day break, succeeded in arresting him.

Decided 1799-07-01

¶1The Court of Errors seeing the important principle involved in this contest, and that it concerned them as the court of last resort, to see that the republic should receive no detriment, took the case into careful consideration; and thereupon it was adjudged, that the constable could not recover his $1,75, upon the agreement set up as the foundation of his action, as the act was one done in the performance of his official duty; and it was against the statute (2 R. S. 650, § 5,) to take any-thing beyond legal fees. The Court therefore, reversed the Judgment.

¶2Judgment reversed, 18 to 5.