Flanagan v. Meyer & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Geo. Goldthwaite. This action was brought by Joseph Meyer & Co., against Jonathan Elanagan, Anne Key, and Milton H. Berry; was founded on a promissory note for four hundred and fifty dollars, executed by the defendants as joint makers, dated the 12th January, 1861, and payable one day after date; and was commenced on the 18th March, 1861. The defendants pleaded, “in short by consent, that the note which is the…
Read the full summary
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Geo. Goldthwaite. This action was brought by Joseph Meyer & Co., against Jonathan Elanagan, Anne Key, and Milton H. Berry; was founded on a promissory note for four hundred and fifty dollars, executed by the defendants as joint makers, dated the 12th January, 1861, and payable one day after date; and was commenced on the 18th March, 1861. The defendants pleaded, “in short by consent, that the note which is the cause of action, was executed on Sunday”; and issue was joined on this plea. “On the trial,” as the bill of exceptions…
1Opinion of the CourtJudge, J.
Prior to the adoption of the Code, under the statute of 1803, which was then of force, “ no worldly business, or employment, ordinary or servile work, (works of necessity or charity excepted,) could be done, performed, or practiced, by any person, or persons within this State, on the Christian sabbath, or first day of the week, commonly called Sunday;” and every person offending against this statute, of the age of fourteen years or upwards, rendered himself liable to a fine for every such offense.—Clay’s Digest, 592, § 1.
The principle, that a penalty inflicted by a statute upon the doing of…
2Cases cited7 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Rainey v. CappsSupreme Court of Alabama · 1853
- Hussey v. RoquemoreSupreme Court of Alabama · 1855
- Butler v. LeeSupreme Court of Alabama · 1847
- Hooper v. EdwardsSupreme Court of Alabama · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gibbs & Sterrett Manufacturing Co. v. BruckerSupreme Court of the United States · 1884
- Hall v. ParkerMichigan Supreme Court · 1877
- Tyler v. WaddinghamSupreme Court of Connecticut · 1890
- Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
- Burns & Co. v. Moore & McGeeSupreme Court of Alabama · 1884
8 more not listed; retrieve them via the Exa API.