Shade v. Shade

SIMPSON, Justice.

“Dies Dominicus non est jurisdicus” — the Lord’s Day is not a court day— is a recognized maximum of the common law and “there is no provision in our Constitution, or any enactment of our Legislature, which, by implication, or expressly, in the letter or spirit of it, abrogates this rule.” Haynes v. Sledge, 2 Port. 530, 531, 27 Am.Dec. 665; Reid v. State, 53 Ala. 402, 25 Am.Rep. 627; Jemison v. Howell, 230 Ala. 423, 161 So, 806, 99 A.L.R. 1511.

Consonant with the maxim, it is generally declared that except ais otherwise prescribed by statute, no judicial proceeding, as…