Fox v. Abel
Supreme Court of Connecticut
THIS was an action of assault and battery and false im-prisonraent, alleged to have been committed at Franklin, on the 29th day of December, 1816. „ The cause was tried at Norwich, January term 1818, before Swift, Ch. J., and Brainard and Goddard, Js. The defendant, Mel, was a constable of the town of Franklin; and bad in his hands for collection, a legal execution, in favour of one Palmer, against the plaintiff. The 29th of December, 1816, was Sunday.
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THIS was an action of assault and battery and false im-prisonraent, alleged to have been committed at Franklin, on the 29th day of December, 1816. „ The cause was tried at Norwich, January term 1818, before Swift, Ch. J., and Brainard and Goddard, Js. The defendant, Mel, was a constable of the town of Franklin; and bad in his hands for collection, a legal execution, in favour of one Palmer, against the plaintiff. The 29th of December, 1816, was Sunday. After midnight, preceding that day, and before the next succeeding day-break, Miel, with the assistance of the other defendant, levied this…
1Opinion of the Court
Swot, Ch. J,
The question is, whether the statute, by the words « Lord’s day” means the natural, or solar day.
It is a well known rule of the common law, that a day comprises twenty-four hours, extending from midnight to midnight, including morning, evening and night, and is called the natural day. When a day is spoken of in law, it comprehends that period of time. When an act is to be done on a particular day, it may be done at any time between those hours. 2 Black. Comm. 141. And, of course, a prohibition to do an act on a particular day, must comprise the, same period. If the service of…
2Cases cited3 opinions
- Wight v. GeerSupreme Court of Connecticut · 1792
- Carpenter v. CraneConnecticut Superior Court · 1785
- Mumford v. BuelConnecticut Superior Court · 1789
3Cited by21 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Lyon v. StrongSupreme Court of Vermont · 1834
- Lovejoy v. WhippleSupreme Court of Vermont · 1846
- Rogers v. GwinnSupreme Court of Iowa · 1866
- Clark's Adm'r v. R. & D. R. R.Supreme Court of Virginia · 1884
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