Legal Opinion

Hatch v. Mann

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1835PublishedCited by 47 opinions

ERROR from the supreme court. Hatch applied to Mann, a constable, to arrest his debtor of the name of Gallup. Mann declined, hut on a promise of being well paid undertook the service, and went, with a person employed by him to assist, to the house of Gallup, at the hour of three, A. M., and watched until day-break, when he succeeded in arresting him.

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ERROR from the supreme court. Hatch applied to Mann, a constable, to arrest his debtor of the name of Gallup. Mann declined, hut on a promise of being well paid undertook the service, and went, with a person employed by him to assist, to the house of Gallup, at the hour of three, A. M., and watched until day-break, when he succeeded in arresting him. Hatch refusing to pay, Mann sued him in a justice’s court, and a jury rendered a verdict in his favor for the sum of one dollar and seventy-five cents on which the justice rendered judgment. The defendant removed the cause by certiorari into the…

1Opinion of the Court

The following opinions were delivered :

By the Chancellor.

The amount originally in controversy in this cause, before the justice, for which the defendant in error obtained a verdict, was very trifling; and if an important principle were not involved in the decision of the court below, this case would hardly deserve the serious consideration of the members of this court. The case, however, in the court below, appears to have turned upon the question whether a ministerial officer, whose fees or compensation for particular services are fixed by law, can recover an extra compensation for the…

2Cases cited1 opinion

  1. Bussier v. PraySupreme Court of Pennsylvania · 1821

3Cited by47 opinions

  1. White v. . MadisonNew York Court of Appeals · 1862
  2. Carpenter v. . TaylorNew York Court of Appeals · 1900
  3. United States v. MatthewsSupreme Court of the United States · 1899
  4. Crofut v. . BrandtNew York Court of Appeals · 1874
  5. In re RussellSupreme Court of Connecticut · 1881

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