Meyer v. Hot Springs Imp. Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Oregon. On motion to dismiss appeals.
1Opinion of the Court
GILBERT, Circuit Judge.
The appellee moves to dismiss the appeals in these cases on the ground that they were not taken withiA *629the time allowed by law. The last day of the statutory period of six months was Sunday, and the appeals were not taken until the following day. The question arises whether, in the computation of the time, Sunday, being the last day thereof, is to be excluded. At common law, when Sunday is the last day of the time within which an act is to be performed under a contract, it is excluded, and performance on Monday is allowed. Hammond v. American Mutual Life Ins. Co., 10…
2Cases cited7 opinions
- Pressed Steel Car Co. v. Eastern Ry. Co.Court of Appeals for the Eighth Circuit · 1903
- Johnson v. MeyersCourt of Appeals for the Eighth Circuit · 1893
- Pearpoint v. GrahamU.S. Circuit Court for the District of Pennsylvania · 1818
- Alderman v.PhelpsMassachusetts Supreme Judicial Court · 1818
- Shefer v. MagoneU.S. Circuit Court for the District of Southern New York · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Union National Bank v. LambSupreme Court of the United States · 1949
- Sherwood Bros. v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- Maresca v. United StatesCourt of Appeals for the Second Circuit · 1921
- Southern California Loan Asso. v. CommissionerUnited States Board of Tax Appeals · 1926
- State Ex Rel. Putnam v. HolmSupreme Court of Minnesota · 1927
23 more not listed; retrieve them via the Exa API.