Legal Opinion
People v. Kramer
Michigan Supreme Court
Decided November 13, 1923No. Docket No. 128PublishedCited by 6 opinions
Exceptions before judgment from Ionia; Hawley (Royal A.), J. Carl Kramer was convicted of violating the liquor law.
1Opinion of the CourtFellows, J.
The sole question presented in this case is whether a search warrant issued on Sunday is valid. People v. De La Mater, 213 Mich. 167, must be accepted as deciding that the issuance of a search warrant is not a ministerial act, but involves the performance of judicial functions. It must also be taken as settled that at common law Sunday is dies nonjuridicus and all judicial acts performed on that day are void. In 25 R. C. L. p. 1444, it is said:
“Common Law Rule as to Sundays; Judicial Acts. Sunday was made dies nonjuridicus in the year 517, by a canon of the church, and adopted as the law of…
2Cases cited14 opinions
- Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
- State v. KornstettSupreme Court of Kansas · 1900
- Davis v. BurgessMichigan Supreme Court · 1884
- Ex parte TiceOregon Supreme Court · 1897
- Blaney v. StateCourt of Appeals of Maryland · 1891
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3Cited by6 opinions
- Russick v. HicksDistrict Court, W.D. Michigan · 1949
- Drew v. HobbsSupreme Court of Florida · 1932
- Anderson v. Board of Trustees of Caro Community Hosp.Michigan Court of Appeals · 1968
- Laub v. StateCourt of Criminal Appeals of Oklahoma · 1930
- People v. LoveMichigan Supreme Court · 1986
1 more not listed; retrieve them via the Exa API.