Formin v. Mengel

This is a motion to dismiss a writ of error. The plaintiff in error was the plaintiff below. A judgment for $44.33 in favor of the defendant against the plaintiff was entered on March 7, 1949. June 5, 1949, was the ninetieth day after the entry of judgment. June 5, however, was a Sunday and must be excluded. (R. L. H. 1945, § 20.) Hence, June 6 was the last day allowed by the statute within Avhicli to procure the issuance of a writ of error. (R. L. H. 1945, § 9551.)

The application for writ of error is dated June 6, 1949, and Avas filed with a clerk of the supreme court on June 6, 1949, at…