Shaw v. Dodge
Superior Court of New Hampshire
This was an action of trespass for an assault and false imprisonment. The defendant justified under legal process, as a collector of taxes for the town of Fishersfield. The plaintiff replied, that the arrest was made on the 11⅛ day of April, 1830, which was the Lord’s day ; and issue was thereupon taken.
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This was an action of trespass for an assault and false imprisonment. The defendant justified under legal process, as a collector of taxes for the town of Fishersfield. The plaintiff replied, that the arrest was made on the 11⅛ day of April, 1830, which was the Lord’s day ; and issue was thereupon taken. On trial of the above issue here, at February term, 1831, it appeared in evidence, that the arrest was made sometime in the night following the 10th, or early in the morning of the 11th day of April, 1830. The court instructed the jury,that if they were satisfied, from the evidence, that the…
1Opinion of the Court
By; the court.
The decision of this cause depends on the construction of the statute of Dec. 24, 1799. The first section of that statute enacts, “ that no tradesman, artificer, or any other person whatsoever, shall do or exercise any labor, business or work of their secular callings, works of necessity and mercy only excepted, nor use any game, play, or recreation, on the first day of the week, commonly called the Lord’s day, or any part thereof.”
It is not doubted, that the serving of civil process falls within the prohibition, is unlawful, and cannot be justified, if done on the Lord’s day.…
2Cited by4 opinions
- Opinion Declaring the Soldiers' Voting Bill a Valid & Binding Statute of the StateSupreme Court of New Hampshire · 1864
- Allen v. DemingSuperior Court of New Hampshire · 1843
- Clough v. ShepherdSuperior Court of New Hampshire · 1855
- Varney v. FrenchSuperior Court of New Hampshire · 1848