Von de Place v. Weller

The opinion of the court was delivered by

Gummere, J.

Judgment was given in the Hoboken District Court against the relators, and in favor of the defendant, Weller, on February 28th last. An appeal bond was presented to that court, for its approval and acceptance; on the 6th day of March then next, which the court refused to receive upon the ground that it had not been tendered within the time required by the statute, namely, five days after the rendition of the judgment. The last of the five days fell upon Sunday, and the tender of the bond was made on Monday following. It is contended, on…