Legal Opinion

Jordan v. Chicago & Alton Railway

Missouri Court of Appeals

Decided March 1, 1902PublishedCited by 2 opinions

Writ of Error from Audrain Circuit Court. — Hon. 'Elliott M. Hughes, Judge.

1Opinion of the CourtBland, P. J.

Section 8037, Revised Statutes 1899, provides that a writ of error must be sued out witbiu a year after rendition of final judgment. The record shows that final judgment was rendered in tbe cause on February 9, 1901. The writ of error was sued out of this court on February 10, 1902; a year and a day after rendition of the judgment. The court takes judicial notice that February 9, 1902, fell on Sunday. Section 4160, Revised Statutes 1899, provides that “the time within which an act is to be done shall be computed by excluding the first day and including the last; if the last be Sunday it shall…

2Cases cited5 opinions

  1. National Bank of the Metropolis v. WilliamsSupreme Court of Missouri · 1870
  2. State v. MaySupreme Court of Missouri · 1897
  3. Cattell v. Dispatch Publishing Co.Supreme Court of Missouri · 1885
  4. James v. FaulkeSupreme Court of Missouri · 1870
  5. Evans & Hollinger v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898

3Cited by2 opinions

  1. Styles v. DickeyNorth Dakota Supreme Court · 1912
  2. Garth v. MotterSupreme Court of Missouri · 1913

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