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99 Tenn. 128

Styles v. Harrison

Tennessee Supreme Court

Decided May 26, 1897

Tennessee Supreme Court · decided 1897-05-26

<p>1. Judgment. Rendered on Sunday is void.</p> <p>A judgment rendered on Sunday is void.</p> <p>Cases cited and approved: Elrod v. Gray Lumber Co., 62 Tenn., 476; 3 Burr, 1595; 15 Nev., 146; 15 John., 115; 2 Bibb, 589; 1 Green, 406; 31 Vt., 147; 5 Black, 111.</p> <p>2. Maxims. Sunday.</p> <p> Dies domAnious non est dies juridicus. </p>

Cited by 2 later decisions — most recently January 2001

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1897-05-26

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Beard, J.

¶1The only question in this case is, Is a judgment rendered on Sunday in one of the Courts of this State valid ?

¶2It was a maxim of the common law that dies dominions non est dies juridicus. Broom’s Maxims, 21; Swann v. Broome, 3 Burr, 1595. Accordingly, no valid judgment can be rendered on Sunday. 1 Black *129on Judgments, Sec. 182; 1 Freeman on Judgments, 138; 24 Am. & Eng. Enc. L., 577; Ex parte White, 15 Nev., 146 (S. C., 37 A. R., 466). The cases all show that such a judgment is not simply erroneous, but is absolutely void. 1 Black, Sec. 182; Houghtaling v. Osborne, 15 John, 115; Arthur v. Mosly, 2 Bibb, 589; Davis v. Fish, 1 Green, 406; 48 Am. Dec., 391; Blood v. Bates, 31 Vt., 147; Chapman v. State, 5 Black, 111.

¶3While now, for the first time, the' question here considered has directly arisen in this State, yet, in the opinion of this Court in Elrod v. Gray Lumber Co., 92 Tenn., 476, in distinguishing the statute under consideration in that case from a somewhat similar statute construed by the Supreme Court of Wisconsin, in Lampe v. Manning, 38 Wis., 676, this Court clearly indicated its opinion that Sunday was dies non jioridicus.

¶4It follows that the Circuit Judge was right in discharging from confinement the petitioners, who were illegally restrained of their liberty in the county workhouse, for the nonpayment of fines adjudged against them on Sunday, for alleged commission of certain misdemeanors, and his judgment is affirmed.

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