Sommers v. Adelman
Supreme Court of Connecticut
Plea in Abatement by the defendant (appellee) to an appeal by the plaintiff (appellant) from a decision of the Court of Common Pleas in New Haven County, Simpson, J., upon the alleged ground that said appeal was not taken within ten days after the rendition of such decision; to the plaintiff’s answer to this plea the defendant demurred.
1Per curiam
Our statutes prescribing the proqedure in the case of appeals under conditions here presented, direct that they shall be taken within ten days from the rendition of judgment. General Statutes, §§ 791, 806. The last of the ten days after the rendition of judgment in this case, reckoning by the calendar, fell upon Sunday. Upon that day the plaintiff was powerless to take an appeal. We have adopted the rule that where the last day of a period within which an act may be done, which may not be done Sunday, falls upon such day, performance may be made on the following day. That rule is applicable…
2Cases cited4 opinions
- Avery v. StewartSupreme Court of Connecticut · 1816
- Sands v. LyonSupreme Court of Connecticut · 1846
- Clink v. RussellMichigan Supreme Court · 1885
- Kinney v. HeuringIndiana Court of Appeals · 1908
3Cited by8 opinions
- Lamberti v. City of StamfordSupreme Court of Connecticut · 1944
- Austin, Nichols Co., Inc. v. GilmanSupreme Court of Connecticut · 1923
- Brennan v. Town of FairfieldSupreme Court of Connecticut · 2001
- Alderman Bros. Co. v. Westinghouse Air Brake Co.Supreme Court of Connecticut · 1917
- Evergreen Cooperative, Inc. v. MichelConnecticut Superior Court · 1980
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