Ex Parte Campbell

THOMAS, Justice.

Tlie petition for mandamus seeks to compel the vacation of an order made in the equity division of the circuit court, setting aside a final decree and granting a new trial. The final decree was rendered on August 18, 1933, and the motion for a new trial or rehearing was presented to the trial judge on September 18, 1933, duly continued to and granted on September 1, 1934.

It is conceded, and we judicially know, that September 17, 1933, was on Sunday, and the motion in question was filed and presented on the succeeding day. The primary and decisive question is, whether or not…