Hill v. Wilker
Supreme Court of Georgia
Contracts made on the Sabbath. Before Judge Knight, Dawson Superior Court. September Term, 1869. Hill and others, on the 20th of May, 1860, gave to Wilker their promissory note. Hill was sued upon it. The note did not show where it was made nor where it was to be paid, but bound the makers to pay half of the proceeds of mining in Russel’s Gulch to Wilker, till the note was paid.
Read the full summary
Contracts made on the Sabbath. Before Judge Knight, Dawson Superior Court. September Term, 1869. Hill and others, on the 20th of May, 1860, gave to Wilker their promissory note. Hill was sued upon it. The note did not show where it was made nor where it was to be paid, but bound the makers to pay half of the proceeds of mining in Russel’s Gulch to Wilker, till the note was paid. He pleaded that the note was given for a miner’s claim at Pike’s Peak, upon Wilker’s warranting it as very valuable, when it was worthless, and that it was made on the Sabbath, in the ordinary work and worldly…
1Opinion of the Court
*DOCHRANE, C. J,
This was an action brought on a promissory note, dated May 20th, 1860, given by Hill (in conjunction with others not sued), and payable to Wilker. On the trial of the case it was admitted that the note was. made and delivered on the Sabbath day, and the consideration is expressed to be, for a mining privilege at Pike’s Peak, in Kansas, where the note was made.
The main and controlling question made by the record, Is whether a note executed on the Sabbath day, and given In the business or work of the parties’ ordinary calling, and not in pursuance of works of necessity or…
2Cases cited1 opinion
- Pike v. KingSupreme Court of Iowa · 1864
3Cited by6 opinions
- Swann v. SwannUnited States Circuit Court · 1884
- Hayden v. MitchellSupreme Court of Georgia · 1898
- Doscher v. GarvinCourt of Appeals for the Second Circuit · 1924
- Wells v. GressSupreme Court of Georgia · 1903
- Kollock v. J. P. Emmert & Co.Missouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.