Stewart v. Hawley
New York Supreme Court
This was an action of trespass, assault, battery and false imprisonment, tried at the Oneida circuit in April, 1839, before the Hon. Philo Gridley, one of the circuit judges. " At a public méeting on the Sabbath, the plaintiff presented an anti-slavery memorial for signatures, to be "forwarded to the legislature of this state, praying their interference on the subject of slavery.
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This was an action of trespass, assault, battery and false imprisonment, tried at the Oneida circuit in April, 1839, before the Hon. Philo Gridley, one of the circuit judges. " At a public méeting on the Sabbath, the plaintiff presented an anti-slavery memorial for signatures, to be "forwarded to the legislature of this state, praying their interference on the subject of slavery. Bartholomew, one of the defendants in this cause, thereupon made a complaint in writing, verified by his oath, to Hawley, the other defendant, who was a justice of the peace, that the plaintiff, “on the 15th day of…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
Our statute, 1 R. S. 675, § 70, after specifically forbidding several acts and exercisés on Sunday, adds, “ nor shall there be any servile laboring or working on that day,” <fcc., and annexes a fine of one dollar for each offence. The 73d section, p. 676, provides that whenever complaint' shall be made to any justice, &c., of a violation of the statute, he shall cause the offender to be brought before him, and shall proceed summarily to inquire into the facts, &c., and the conviction shall be final and not the subject of re-examination upon the merits. By the 2 R.S.…
2Cases cited2 opinions
- Tompkins v. SandsNew York Supreme Court · 1832
- Atchinson v. SpencerNew York Supreme Court · 1832
3Cited by3 opinions
- Rash v. WhitneyMichigan Supreme Court · 1857
- Talbott v. HedgeIndiana Court of Appeals · 1892
- Smith v. WardenNew York Supreme Court · 1875