DIES N ON (Lat.). An abbreviation of the Phrase dies non juridicus, universally used to denote non judicial days. Days during which courts do not transact any business ; as, Sunday, or the legal holidays. 3 Chitty, Gen. Pr. 104; W. Jones 156. Sunday was the original dies non, but in many states daYS declared by statute to be legal holidays are also such, but the decisions on this sub ject depend largely upon the terms and scope of the statutes, many of which apply solely to the presentment and payment of commer cial paper, and others include a prohibition of judicial business and provide for the clos ing of public offices.
A distinction was made in 9 Co. 66 between judicial and ministerial acts performed on a dies non; this was overruled in 1 Stra. 387; but the distinction now obtains; 5 Cent. L. J. 26. And under a statute forbidding the transaction of any judicial business on Sun day or a legal holiday, the issuing on such a day of an attachment by a county judge for a claim not due was held to be "judicial" business and void ; Merchants' Nat. Bank of Omaha v. Jaffray, 36 Neb. 218, 54 N. W. 258, 19 L. R. A. 316; but an attachment for a claim past due was held to be valid, as a min isterial, and not a judicial act; Whipple v. Hill, 36 Neb. 720, 55 N. W. 227, 2Q L. R. A. 313, 38 Am. St. Rep. 742.
It has usually been held that a.verdict may be received on a dies non; Huidekoper v. Cotton, 3 Watts (Pa.) 56; McCorkie v. State, 14 Ind. 39; Powers v. State, 23 Tex. App. 42, 5 S. W. 153 ; 'Brewn-v. State, 32 Tex. Cr.
R. 119, 22 S. W: 596; but a judgment entered on such verdict on the same day is void ; Baxter v. People, 3 Gilman (Ill.) 368; Hogh taling v. Osborn, 15 Johns. (N. Y.) 119. See Webber v. Merrill, 34 N. H. 202; Johnson v. Day, 17 Pick. (Mass.) 106; State v. Ricketts, 74 N. C. 187; Elrod v. Lumber Co., 92 Tenn. 476, 22 S. W. 2 ; Merchants' Nat. Bank of Omaha v. Jaffray, 36 Neb: 218, 54 N. W. 258, 19 L. R. A. 316. A judgment by confession entered upon December 25, a le gal holiday, is not void ; Bradley v. Clau don, 45 Ill. App. 326. In Kentucky although Thanksgiving day is a legal holiday, it is not treated as Sunday, except as to com mercial paper, and where money becomes due on such a day, the debtor is in default if he fails to pay on that day ; National Mut. Ben. Ass'n v. Miller, 85 Ky. 88, 2 S. W. 900. A bill of exceptions signed on Sunday is void; Roberts v. Bank, 137 Ind. 697, 36 N. E. 1091. Warrants for treason, felony, and breach of the peace may be executed on Sun day ; State v. Ricketts, 74 N. C. 187. Where public policy or the prevention of irremedia ble wrong requires it, the courts may sit on Sunday and issue process ; Langabier v. Fair bury, P. & N. W. R. R. Co., 64 III. 243,16 Am. Rep. 550. It is no longer uncommon for courts to sit on holidays in some juris dictions. See a full article on this title in 7 So. L. Rev. N. S. 697; SUNDAY ; HOLIDAYS.