Noriega v. Heirs of Colón y Suárez

The appellee moves for a dismissal of the appeal herein because the notice of appeal has been filed after the expiration of the time provided by statute for taking an appeal.

The judgment was entered and notified to the defeated party on November 5, 1929, and the appeal was taken on the 6th of the following December.

The appellee contends that the time for appeal expired on December 5, 1929. The contention of the appellants is that it expired on the 6th, because as the monthly period involved a calendar month, account must be taken of the number of days of the month which included the…