Pike v. King
Supreme Court of Iowa
Appeal from Lucas District Court. On Sunday, in the month of April, 1863, the plaintiff sold and delivered to the defendant eighteen thousand willow cuttings, for which the latter agreed to pay four dollars per M., making seventy-two dollars. For this sum the plaintiff brings his suit by attachment, in a Justice’s Court. Defense, plea in abatement, general denial and set-off.
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Appeal from Lucas District Court. On Sunday, in the month of April, 1863, the plaintiff sold and delivered to the defendant eighteen thousand willow cuttings, for which the latter agreed to pay four dollars per M., making seventy-two dollars. For this sum the plaintiff brings his suit by attachment, in a Justice’s Court. Defense, plea in abatement, general denial and set-off. At the hearing thereof, the justice gave judgment for the defendant on his claim of set-off, in the sum of twenty-four dollars and costs. After, on appeal thereto, the District Court sustained a motion for nonsuit, on…
1Opinion of the Court
Lowe, J. —
The appellant insists that a Sunday contract is not void, and that the Court erred in so holding, and thus nonsuiting the plaintiff. Section 4392 of the Revision of 1860, makes it a penal offence for any one to be found buying and selling property on the Lord’s day, and provides that the penalty therein designated may be recovered before a Justice of the Peace, in the county where the offense shall be committed.
There are certain classes of individuals, as ferrymen, bridge and toll-gate keepers, and seventh-day Sabbath observers, who are excepted from the provisions of this statute;…
2Cases cited4 opinions
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- Lyon v. StrongSupreme Court of Vermont · 1834
- Siter v. SheetsIndiana Supreme Court · 1855
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