Haynes v. Sledge
Supreme Court of Alabama
The plaintiffs below, Sledge and Maxy, declared against the defendant Haynes, in the action of trespass on the case. The defendant plead in abatement of the writ, that it had issued upon the Sabbath, and on demurrer, the Circuit Court held the plea bad, and gave judgment thereon for the plaintiff. The case was brought up, upon this point, from the Circuit Court of Montgomery. Cited ? Comyn, 399 ; •2 Dye?', 183.
1Opinion of the Court
By Mr. Justice Thornton:
This was an action of trespass on the case, brought by the defendants in error, who were plaintiffs below, against the present plaintiff. The only error assigned is, that the Court below sustained the demurrer of the defendants to the plea in abatement, filed by the plaintiff. The plea was, that the original writ issued on Sunday, as was apparent from its teste. The maxim of the Common Law “ Dies Dominicus non est juridicus,” as we learn from all the authorities, which we consult for its principles, expressly embraced and avoided every original process obnoxious to…
2Cited by2 opinions
- Reid v. StateSupreme Court of Alabama · 1875
- Shade v. ShadeSupreme Court of Alabama · 1949