Bland v. . Whitfield
Supreme Court of North Carolina
Action of Trespass for seizing and selling shingles and cypress timber, tried before his Honor Judge Manly, at Pall Term, 1853, of Martin Superior Court. Pleas, genera} issue and justification. On the 20th of January, 1851, the defendant, in the ■plaintiff’s presence, offered for sale, and struck off to the highest bidder, some shingles and timber belonging to the plaintiff.
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Action of Trespass for seizing and selling shingles and cypress timber, tried before his Honor Judge Manly, at Pall Term, 1853, of Martin Superior Court. Pleas, genera} issue and justification. On the 20th of January, 1851, the defendant, in the ■plaintiff’s presence, offered for sale, and struck off to the highest bidder, some shingles and timber belonging to the plaintiff. The defendant, to sustain his plea of justification, proved that he was a constable, and produced a regular judgment and execution from a Justice of the Peace against the defendant, dated 4th of January, 1851, on which…
1Opinion of the CourtPearson, J.
We concur with his Honor in the opinion that the defendant had no right to levy the execution on Sunday, and the levy was consequently void. It is made unlawful and forbidden by two statutes. The act of 1741, - Rev. Stat. cli. 118, sec. 1: “No tradesman, &c. or other person whatsoever, shall, upon land or waterj do or execute any labor, business or work of their ordinary calling, &c. on the Lord’s day, commonly called Sunday.” The act of ' 1777, Rev. Stat. ch. 31, sec. 58: “ It shall not be lawful for any sheriff, or other officer, to execute any writ or other process upon a Sunday,” &c.…
2Cited by7 opinions
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- Voehringer v. . PollockSupreme Court of North Carolina · 1944
- McCollum v. . StackSupreme Court of North Carolina · 1924
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