Miller v. Lynch
Mississippi Supreme Court
Error to the Circuit Court of Copiah county. Hon. John E. McNair, judge. The apparent diversity in the decisions of the several States on the subject of contracts made on Sunday, will be found to result from the difference in the terms and scope of their several statutes. Sabbath-breaking tested by the Scriptures is one thing, and sabbath-breaking as denounced by temporal laws and statutes is another.
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Error to the Circuit Court of Copiah county. Hon. John E. McNair, judge. The apparent diversity in the decisions of the several States on the subject of contracts made on Sunday, will be found to result from the difference in the terms and scope of their several statutes. Sabbath-breaking tested by the Scriptures is one thing, and sabbath-breaking as denounced by temporal laws and statutes is another. There is no such thing as a public, policy covering the whole scope of the scriptural injunction. Under the common law, judicial proceedings of any kind were not allowed any validity if…
1Opinion of the CourtHandy, J.
This was ah action on a promissory note, the defence to which was, that it was executed on Sunday, in violation of the statute prohibiting labor by any person in any trade or calling on the sabbath day.
It appears by the bill of exceptions, that the note was executed under these circumstances: The plaintiff came to the defendant’s house on Sunday, the 22d February, 1857, to settle some accounts between them, and to get the defendant’s note for a wragon which the plaintiff had previously sold him; and that, when they had settled the accounts on that day, the defendant1 then gave the plaintiff…
2Cases cited3 opinions
- Dodson v. HarrisSupreme Court of Alabama · 1846
- Fox v. AbelSupreme Court of Connecticut · 1818
- Kepner v. KeeferSupreme Court of Pennsylvania · 1837
3Cited by5 opinions
- Grapico Bottling Co. v. EnnisMississippi Supreme Court · 1925
- Dillon v. Allen-Parker Co.Mississippi Supreme Court · 1955
- Thompson v. WeemsCourt of Appeals for the Fifth Circuit · 1940
- Currie-McGraw Co. v. FriedmanMississippi Supreme Court · 1924
- Armstrong v. ShellMississippi Supreme Court · 1946