Cunningham v. Mahan
Massachusetts Supreme Judicial Court
Contract upon a recognizance to appear and take the oath for the relief of poor debtors, signed by the defendant Mahan as principal, and the defendant Campbell as surety.
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Contract upon a recognizance to appear and take the oath for the relief of poor debtors, signed by the defendant Mahan as principal, and the defendant Campbell as surety. At the trial in the Superior Court, before Putnam, J., it was agreed that the defendant Mahan executed the recognizance declared upon on the 18th of March 1871, having been arrested on that day upon an execution issued in favor of the plaintiff, and brought before a commissioner of insolvency; that on the 15th of April, at the request of Mahan, who desired to take the poor debtors’ oath, the commissioner issjied the notice…
1Opinion of the CourtMoktom, J.
When a statute fixes a limitation of time within which a particular act may or may not be done, if the time limited exceeds a week, Sunday is included in the computation ; but if it is less than a week, Sunday is excluded. This is the established rule of interpretation in this state. Alderman v. Phelps, 15 Mass. 225. Thayer v. Felt, 4 Pick. 354. Penniman v. Cole, 8 Met. 496. McIniffe v. Wheelock, 1 Gray, 600. Hannum v. Tourtellott, 10 Allen, 494.
The St. of 1861, c. 112, provides that “whenever the notice permitted by the thirteenth section of the one hundred and twenty-fourth chapter of the…
2Cases cited1 opinion
- Alderman v.PhelpsMassachusetts Supreme Judicial Court · 1818
3Cited by14 opinions
- American Tobacco Co. v. StricklingCourt of Appeals of Maryland · 1898
- Maresca v. United StatesCourt of Appeals for the Second Circuit · 1921
- Stevenson v. DonnellyMassachusetts Supreme Judicial Court · 1915
- Tuttle v. City of BostonMassachusetts Supreme Judicial Court · 1913
- Cowley v. McLaughlinMassachusetts Supreme Judicial Court · 1886
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