David v. Pennwalt Corp.

OPALA, Justice:

Closing of court clerk’s office at 12:00 o’clock noon on the terminal day of limitations period prevented plaintiff [respondent] from bringing his action within the statutory time. Instead, plaintiff commenced the suit the following day. Defendant [petitioner] demurred to the petition interposing the bar of limitations. Trial court overruled demurrer and certified the statute-of-limitations issue for our immediate review.

The dispositive question is whether, when the court clerk’s office is closed part of the day, the time for filing stands enlarged to the succeeding business…