Field v. Park
New York Supreme Court
AFTER the notice of a motion in this cause, and affidaVÁ °f the service were read, the counsel for the defendant rajsed a preliminary objection to the regularity of the sere 1 . , o vice of the notice, though more than four days, exclusive of the day of service, on the ground of its having'been made on ^Sunday. ' , '
1Per curiam
This point has never before been presented to the Court: we are, therefore, entirely unshackled by any former decision ; and are at liberty to adopt such rule, as good order and the spirit of the 5th section of the act for suppressing immorality, (2 N. R. L. 195. sess. 36. c. 24.) may require. That section forbids the service, on Sunday, of any writ, process, warrant, order, judgment, or decree, in civil causes; and declares the service thereof to be void, and the person executing the same liable for damages at the suit of the party aggrieved. Our statute, in this respect, is substantially a…
2Cited by12 opinions
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Pulling v. PeopleNew York Supreme Court · 1850
- Porter v. . PierceNew York Court of Appeals · 1890
- Sewall v. City of St. PaulSupreme Court of Minnesota · 1874
- Raines v. WatsonWest Virginia Supreme Court · 1868
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