Gladwin v. Lewis
Supreme Court of Connecticut
IN ERROR. This was an action brought by Gladwin, against John L. Lewis, Esq. sheriff of Middlesex county, for an escape, returnable to a justice of the peace.
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IN ERROR. This was an action brought by Gladwin, against John L. Lewis, Esq. sheriff of Middlesex county, for an escape, returnable to a justice of the peace. The defendant pleaded in abatement, that the plaintiff’s writ was no otherwise served upon him, than by a constable’s leaving a copy thereof with him at Middletown, on Thursday, the 27th day of November, 1823, between the hours of 11 o’clock in the forenoon and 3 o’clock in the afternoon of that day; the said day being a day appointed for public thanksgiving, by proclamation of His Excellency, Oliver Wolcott, then Governor of the state…
1Opinion of the CourtBrainard, J.
The question in this case is, Whether the service of civil process on a thanksgiving day, in Connecticut, is valid. We need not discuss the question, whether at the common law, the service of civil process on the Sabbath is good. Admit it. Neither is it necessary to comment on, or call in aid, the several English statutes in relation to the subject. There were two made in the reign of Charles II. One, I believe, of the 24th, the other the 27th. This subject was early taken into consideration, by our legislature. Our pious ancestors, thinking, perhaps, that the divine command,-a command, in my…
2Cited by5 opinions
- State v. SmithCourt of Criminal Appeals of Oklahoma · 1921
- State Ex Rel. Felson v. AllenSupreme Court of Connecticut · 1942
- Weil v. GeierWisconsin Supreme Court · 1884
- Krieger v. StateCourt of Criminal Appeals of Oklahoma · 1916
- Kinney v. EmeryNew Jersey Court of Chancery · 1883