Legal Opinion

Sellers v. Dugan

Ohio Supreme Court

Decided December 15, 1849PublishedCited by 46 opinions

This is a writ of error to the Supreme Court of Brown county. The writ was allowed for the purpose of bringing before the court the act of 1831, (Swan’s Stat. 255,) and of settling the construction of that part of the first section which prohibits, under a penalty, common labor on Sunday. The defendant, Dugan, brought an action of assumpsit against Sellers to recover damages for the breach of a contract for the delivery of four hundred bushels of corn.

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This is a writ of error to the Supreme Court of Brown county. The writ was allowed for the purpose of bringing before the court the act of 1831, (Swan’s Stat. 255,) and of settling the construction of that part of the first section which prohibits, under a penalty, common labor on Sunday. The defendant, Dugan, brought an action of assumpsit against Sellers to recover damages for the breach of a contract for the delivery of four hundred bushels of corn. Sellers claimed in the defense that the contract was made on Sunday, the plaintiff’s agent representing at the time that the plaintiff’s boat…

1Opinion of the CourtAvery, J.

That section of the statute upon which we are called to put a construction, is in these words:

“ That if any person of the age of fourteen years or upwards, shall be found on the first day of the week, commonly called Sunday, sporting, rioting, quarreling, hunting, fishing, shooting, or at common labor, (works of necessity and charity only excepted,) he or she shall be fined in a sum not exceeding five dollars, nor less than one dollar; provided, nothing herein con *490tained shall be construed to extend to those who conscientiously do observe the seventh day of the week as the Sabbath, nor to…

2Cited by46 opinions

  1. Krahn v. KinneyOhio Supreme Court · 1989
  2. Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
  3. State v. ReinhartOregon Supreme Court · 1895
  4. Stone v. StateSupreme Court of Georgia · 1903
  5. Shular v. StateIndiana Supreme Court · 1886

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