Farmers' Mutual Telephone Co. v. Heineman

The plaintiffs in error sought to perfect an appeal to the county court from a judgment rendered against them in a justice court. They paid the docket fees on the twenty-first day after the approval of their appeal bond. The twentieth day was a Sunday. The county court dismissed the appeal on the theory that Sunday cannot be excluded under section 3846 R, S. 1908, which provides that the party appealing from a judgment against him in a justice court,

“shall, within twenty days from the date of the approval of his appeal bond, pay to the clerk of the court to which he takes an appeal, all fees…