Havens v. Stiles
Idaho Supreme Court
APPEAL from the District Court, Canyon County. The court erred in sustaining the defendant Dunbar’s motions to quash and set aside the summons, and strike the complaint from the files, upon the grounds that said summons was issued, and said complaint was filed on Sunday. There is no statute prohibiting any ministerial act on Sunday in Idaho. {In re Worthington, 7 Biss. (U. S.) 457, Fed. Cas. No. 18,051; 20 Ency. of PI. & Pr. 1197; Kiger v. Coats (1862), 18 Ind. 153, 81 Am.
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APPEAL from the District Court, Canyon County. The court erred in sustaining the defendant Dunbar’s motions to quash and set aside the summons, and strike the complaint from the files, upon the grounds that said summons was issued, and said complaint was filed on Sunday. There is no statute prohibiting any ministerial act on Sunday in Idaho. {In re Worthington, 7 Biss. (U. S.) 457, Fed. Cas. No. 18,051; 20 Ency. of PI. & Pr. 1197; Kiger v. Coats (1862), 18 Ind. 153, 81 Am. Dec. 351; Hadley v. Musselman (1885), 104 Ind. 459, 3 N. E. 122; Reid v. State (1875), 53 Ala. 402, 25 Am. Rep. 627;…
1Opinion of the CourtStockslag-Er, J.
— There are two questions involved in this appeal: 1. If the clerk of the district court voluntarily receives and files a complaint in a civil action on Sunday, and said action was not commenced or instituted for the purpose of obtaining an order of arrest, writ of attachment, execution, injunction, or writ of prohibition, and not being a proceeding to recover possession of personal property, is it prohibited by section 3866 of the Revised Statutes? 2. Is the filing of such complaint and the issue of summons thereon a ministerial or judicial act?
It is provided by said section 3866 that: “No…
2Cases cited14 opinions
- Hanover Fire Insurance v. Shrader & RogersTexas Supreme Court · 1895
- People ex rel. McDonald v. BushCalifornia Supreme Court · 1870
- Whitney v. BlackburnOregon Supreme Court · 1889
- Whipple v. HillNebraska Supreme Court · 1893
- Schwed v. HartwitzSupreme Court of Colorado · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. GilbertIdaho Supreme Court · 1902
- Bryant v. BryantArizona Supreme Court · 1932
- Máquez v. Junta Insular de EleccionesSupreme Court of Puerto Rico · 1930
- Rinfret v. TrippSupreme Court of Vermont · 1924
- City of Newark v. SmithSupreme Court of New Jersey · 1938
3 more not listed; retrieve them via the Exa API.