Story v. Elliot
Court for the Trial of Impeachments and Correction of Errors
Debt on bond for the, performance of an award; tried at the St. Lawrence circuit, July, 1842, before Nelson, Oh. ’ J ’ ’ ’ Judge. *At the trial, it appeared that the award was made and published on Sunday. The defendant, therefore, objected that it.was a nullity; but a verdict was taken for the plaintiff," subject to the opinion of the Supreme Court, upon the point, cited Cro. Eliz. 485; Oro. Jac. 59, 279, 496; 1 Str. 702, 388; 1 Taunt. 131; 10 Mass.
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Debt on bond for the, performance of an award; tried at the St. Lawrence circuit, July, 1842, before Nelson, Oh. ’ J ’ ’ ’ Judge. *At the trial, it appeared that the award was made and published on Sunday. The defendant, therefore, objected that it.was a nullity; but a verdict was taken for the plaintiff," subject to the opinion of the Supreme Court, upon the point, cited Cro. Eliz. 485; Oro. Jac. 59, 279, 496; 1 Str. 702, 388; 1 Taunt. 131; 10 Mass. Rep. 312; 1 W. Bl. 496, 526; Kyd on Aw. 136; 15 John. 119, 179; 2 Con. Rep. N. S. 541; and 1 Root, 98. cited 3 John. 367; 15 id. 177; 12 id.…
1Opinion of the Court
Curia, per SAVAGE, Ch. J.
The first section of our statute for suppressing immorality, (2 R. L. 193,) enacts, that there shall be no traveling, servile labor or working, shooting, &c., on the first day of the week, commonly called Sunday. The fifth section enacts, that no person, upon the first day of the week, commonly called Sunday, shall serve or execute, or cause to be served or executed, any writ, process, warrant, order, judgment or decree, except in cases of treason, felony or breach of the peace; but that the service shall be void.
Under this act, it has been decided, that process…
2Cases cited5 opinions
- Van Vechten v. PaddockNew York Supreme Court · 1815
- Geer v. PutnamMassachusetts Supreme Judicial Court · 1813
- Mersereau v. NortonNew York Supreme Court · 1818
- Wight v. GeerSupreme Court of Connecticut · 1792
- Field v. ParkNew York Supreme Court · 1822
3Cited by68 opinions
- Schmittler v. . SimonNew York Court of Appeals · 1886
- People Ex Rel. Meyer v. WardenNew York Court of Appeals · 1936
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- National Mining Ass'n v. Mine Safety & Health AdministrationCourt of Appeals for the D.C. Circuit · 1997
- Casco National Bank of Portland v. ClarkNew York Court of Appeals · 1893
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