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GREENE v. BIRKMEYER

8 N.J. Super. 217 (1950)

73 A.2d 728

JOHN F. GREENE, PLAINTIFF-RESPONDENT, v. PAUL J. BIRKMEYER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 1950.

Attorney(s) appearing for the Case

Mr. Robert E. Kiernan argued the cause for appellant.

Mr. William E. Sandmeyer argued the cause for respondent.

Before Judges JACOBS, DONGES and BIGELOW.

The opinion of the court was delivered by BIGELOW, J.A.D.

The case turns upon R.S. 2:207-1, the pertinent part of which reads:

"No traveling, worldly employment or business, ordinary or servile labor or work either upon land or water, except works of necessity or charity * * * shall be done, performed, used or practiced by any person within this State on the Christian Sabbath, or first day of the week...

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