Paul v. Bruce
Court of Appeals of Kentucky
Case 26-PETITION ORDINARY- APPEAL EROM ROBERTSON CIRCUIT COURT. CITED Code, secs. 732, 733, 735, Myers’s Supp., 260. 2 Duvall, 437, Moore v. Hagan. CITED Code, sections 732 to 736.
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
The 4th day of July being recognized as a national holiday (Myers’s Supplement, p. 260), it was erroneous to render a judgment upon the service of a summons executed on that day, unless the case is within some of the exceptions enumerated by sections 733, 734, and 735 of the Civil Code on this subject. Section 735 provides that a summons, subpcena, notice, order of arrest, or injunction may be executed on a holiday, where the officer having the process believes, or an affidavit of the plaintiff or some other person is made to the effect that the…
2Cited by3 opinions
- Farmers Implement Co. v. SandbergSupreme Court of Minnesota · 1916
- Hume v. Commercial BankTennessee Supreme Court · 1882
- Chaney v. StacyCourt of Appeals of Kentucky (pre-1976) · 1933