State Bank v. Spence
City of New York Municipal Court
Appeal from special term. A.ction by the State Bank against John Spence and others, doing business as the Bell Manufacturing Company. From an order advancing the cause to short-cause calendar, the defendants appeal.
1Dissent
SÉABURY, J.
(dissenting). The plaintiff's notice of trial noticed the case for December 8, 1901, which was a Sunday, “or as soon thereafter as counsel can be heard.” Since the order was made advancing the cause, the action has been tried, and judgment has been recovered by the plaintiff. The appellants appeal from the order advancing the cause, and assert that the notice of trial noticing the cause for Sunday was a nullity. It is true that Sunday is dies non juridicus, and that judicial proceedings taken on that day are void, and that contempt proceedings cannot be predicated upon a failure to…
2Cases cited3 opinions
- Wright v. JeffreyNew York Supreme Court · 1825
- Gould v. SpencerNew York Court of Chancery · 1836
- New-York Central Insurance v. KelseyNew York Supreme Court · 1856