State Bank v. Spence

Seabuby, J. (dissenting).

The plaintiff’s notice of trial noticed the case for December 8, 1901, which was a Sunday, “ or as soon thereafter as counsel can be heard.” Since the order was made advancing the cause, the action has been tried and judgment has been recovered by the plaintiff. The appellant appeals from the *856order advancing the canse and asserts that the notice of trial,, noticing the cause for Sunday, was a nullity. It is true that Sunday is dies non juridicus and that judicial proceedings taken on that day are void and that contempt proceedings cannot be predicated upon a failure…