People ex rel. Corrigan v. Young Men's Father Matthew Benevolent Society
New York Supreme Court
APPEAL from an order made by a judge at a Special Term." . The relator was expelled from The Young Men’s Father Matthew Benevolent Society, for. charges made against him, copies of which were served upon him, and a notice to appear and answer. This notice was served, on Sunday, and the day fixed for the hearing was the next Sunday.
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APPEAL from an order made by a judge at a Special Term." . The relator was expelled from The Young Men’s Father Matthew Benevolent Society, for. charges made against him, copies of which were served upon him, and a notice to appear and answer. This notice was served, on Sunday, and the day fixed for the hearing was the next Sunday. The objection was made, at the Special Term, that the notice, being served on Sunday, was void, and that no such proceeding could be taken oh that day. This was overruled and the relator appealed.
1Opinion of the Court
By the Court, Ingraham, P. J.
By tire by-laws, a public meeting was to be held" every Sunday evening. This was to be adjourned at 9 p. m. and a business meeting held thereafter until 10 p. m.
The proceedings are claimed to be-illegal because the papers were served on Sunday, and were returnable on Sunday.
I do not think our statute applies to such proceedings. It prohibits work or servile labor, and the exposure to sale of merchandise, except certain articles, of food. Making a contract or agreement is not forbidden.
In Merritt v. Earle, (31 Barb. 38, 41,) Judge Emott says: “At the common law,…
2Cases cited1 opinion
- Merritt v. EarleNew York Supreme Court · 1859
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