Berthold v. Wallach
New York Court of Common Pleas
Frederick or Fritz Berthold filed a mechanic’s lien against the property of Moses K. Wallach. The owner moves to compel the claimant to commence action, or, in default thereof, that the lien be vacated and canceled of record. Granted.
1Opinion of the CourtGiegerich, J.
The notice of motion was made returnable at chambers upon the 2d day of September, 1895,«which was a legal holiday, being the first Monday of September, known as “Labor Day.” Laws 1892, c. 677, § 24. With regard to the transaction of business “in public ofiices” such a day is assimilated in nature to Sunday (Id. c. 681, § 41); but while the courts cannot sit for the purpose of hearing motions upon Sunday (Code Civ. Proc. § 6), and a notice returnable upon that day is void (Insurance Co. v. Hicks, 7 Abb. Prac. 204), yet it has been held that statutes similar to that above cited, as to “public…
2Cases cited2 opinions
- People v. . KearneyNew York Court of Appeals · 1888
- Mathis v. VailNew York Supreme Court · 1855
3Cited by1 opinion
- Carey v. ReillyAppellate Terms of the Supreme Court of New York · 1897