Lampe v. Manning
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. The action was brought before a justice of the peace. Issue was joined February 16, 1874, and the cause adjourned, on motion of defendant, to February 23, 1874 (which was Monday), on which day the cause was tried and j udgment rendered therein for the plaintiff.
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APPEAL from the Circuit Court for Iowa County. The action was brought before a justice of the peace. Issue was joined February 16, 1874, and the cause adjourned, on motion of defendant, to February 23, 1874 (which was Monday), on which day the cause was tried and j udgment rendered therein for the plaintiff. On the same day the defendant filed the requisite papers with the justice for an appeal to the circuit court; but a few days later he withdrew them, and removed the cause to the circuit court by certiorari. That court affirmed the judgment of the justice, and defendant appealed from the…
1Opinion of the CourtLyoN, J.
The day on which the cause was tried and judgment rendered, was a legal holiday (Laws of 1861, ch. 58 and ch. 243), and hence was, as the term holiday imports, dies non juridicus. Such being the case, the court had no authority to hear the cause and render judgment on that day, and would not have had authority to do so, even though the express prohibition contained in sec. 2 of ch. 58, supra, had been omitted from the statute.
But were this otherwise, the reasonable interpretation of that section is, that when the 22d of February falls on Sunday the prohibition therein extends to the day…
2Cited by17 opinions
- Salter v. HilgenWisconsin Supreme Court · 1876
- Houston, E. & W. Tex. R'y Co. v. HardingTexas Supreme Court · 1885
- State ex rel. Walter v. Superior CourtWashington Supreme Court · 1908
- Miller v. EmersonMontana Supreme Court · 1947
- In Re MurphyCalifornia Court of Appeal · 1926
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