The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1860-07-10
IMPORTANT DECISION.
A correspondent of the Newbern Prog

A correspondent of the Newbern Progress, in
giving the decisions of the Supreme Court of n
c., now in session at Raleigh states the following
case
A case Of much interest and Of no little impor-
lance to the people Of our State, and which has
been determined at this term, is the of
Melville VS.. Easley This an action Of tres
pass on the case in which the plaintiff declared in
two Counts first for IA deceit and secondly tor a
false warranty of soundness on the sale Of horse
by the defendant to the plaintiff. The sale was
made On Sundoy i'll the country, no one being
present except the parties, and witness. The
defendant horse trader which was known. to
the plaintiff The question is the defendant
defeat the action because the sale on Sunday?
The defense was put by the defendant Upon the
statute concerning 'Vice and immortality, Rcvis-
ed Code, Oh. rs which he pleaded, &c. That stat
ute declares .Onthe Lords day commonly called
Sunday no tradesEan, artihcer, planter, laborer,
other person. shall upon land or water, do or
else any labor business work Of htS orGT"dry
c0Uiny, works of necessity and charity only ex-
ccpted) nor employ himself in hunting, fishing. or
fowling, nor use any game, sport or play, upon
pain that every person so offending, being of the
age Of fourteen years and upwards, shall forfeit and
pay one dollar.," This statute is copy almost
literally Of the English statute of 29th Charles III
and was adopted in North Carolina in l74l long
anterior to cur Declaration of Independence. And
when we reflect that in England there is union
of Church and State, may account somewhat
for the difficulties and perplexites which have en-
barrassed our Judges in coming to, or giving con-
struction to this statute suited the freedom and
genius Of our institutions and people-here every
man is permitted to worship God according to the
dictates Of his own cOncience, &c. Chief Justice
Nash whilst on the Bench, had this under
advisement and died without coming to any deter
mination in the matter. Jud ge Rutfn succeeded
him. and having considered it resigned without
having made up his opinion in the case Judge
Pearson and Battle had early in the history Of the
case fitted their opinions to the case, the former
holding that the statute no defense to the ac-
ton, and the latter holding that the action could
not be maintained, for, that the statute a con-
plete defense This the state of the when
Judge Manly came upon the Bench, he was called
upon to decide not only the case, but between the
conflicting opinions Of Chief Justice Pearson and
Judge Battle and he conceded with Judge Pear
son upon one point in the case it determined
by majority Of the Court that the plaintiff
could recover against the defendant, &C. nUtwith-
standing the statute Each Judge delivered sep
arate opinion in the case, and the matter is most
ably and elaborately discussed by them. The in
tegemt reader will find much to interest him in
these opinions, and especially how Sunday is re-
garded b. the law in North Carolina under this
statute in matters Of contract and labor.