Maxson v. Annas
Court for the Trial of Impeachments and Correction of Errors
Trover for a wagon and cutter, tried at the Madison circuit, before Gridley, ,C. Judge, in September 1843, The case, as stated by the plaintiff’s counsel in his opening to the jury, was this : the plaintiff is a seventh day baptist, whose religious faith and practice is, to keep the seventh, as a day set apart by divine command as the sabbath of rest from labor, and dedicatéd to the worship of God: the defendant held a note against the plaintiff, upon which he commenced a…
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Trover for a wagon and cutter, tried at the Madison circuit, before Gridley, ,C. Judge, in September 1843, The case, as stated by the plaintiff’s counsel in his opening to the jury, was this : the plaintiff is a seventh day baptist, whose religious faith and practice is, to keep the seventh, as a day set apart by divine command as the sabbath of rest from labor, and dedicatéd to the worship of God: the defendant held a note against the plaintiff, upon which he commenced a suit in a justice’s court by summons returnable on the 17th day of December, 1842, that being the seventh day of the week,…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The plaintiff insists that the judgment under which the defendant purchased the property is void, because it was rendered on Saturday; and he relies on the statute “ in relation to the seventh day baptists.” This badly drawn law provides, in substance, that no writ, process, warrant, order, judgment, decree, or other proceeding of any court, shall be served or executed on the seventh day of the week, commonly called Saturday, upon any person who keeps that day as the sabbath. Cases of breaches of the peace, and the apprehension of persons charged with crimes and…
2Cases cited5 opinions
- Sayles v. SmithNew York Supreme Court · 1834
- Van Vechten v. PaddockNew York Supreme Court · 1815
- Hoghtaling v. OsbornNew York Supreme Court · 1818
- Field v. ParkNew York Supreme Court · 1822
- Butler v. KelseyNew York Supreme Court · 1818
3Cited by6 opinions
- Bacon v. StateSupreme Court of Florida · 1886
- Marks v. WilsonThe Superior Court of New York City · 1860
- Gurkin v. SiegelNew York Supreme Court · 1983
- Hastings v. EllisNew York Supreme Court · 1848
- Martin v. GoldsteinCity of New York Municipal Court · 1896
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