Patchin v. Bonsack
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The phrase “six days” means six legal days, ( W. S., 651, § 12,) that is, six judicial days, and if Sunday is one of the intervening days, as the act prescribed to be done on one of the days, cannot be done on that day, Sunday is not to be counted. (National Bank vs. Williams, 46 Mo., 17.) Sunday is not to be counted as one of the days of the term of a court.
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Appeal from St. Louis Circuit Court. I. The phrase “six days” means six legal days, ( W. S., 651, § 12,) that is, six judicial days, and if Sunday is one of the intervening days, as the act prescribed to be done on one of the days, cannot be done on that day, Sunday is not to be counted. (National Bank vs. Williams, 46 Mo., 17.) Sunday is not to be counted as one of the days of the term of a court. (Michie, el al. vs. Michie’s Admr., 17 Grattan, 109, 111; Thayer vs. Felt, 4 Pick., 354; Penniman vs. Colé, 8 Met., 494; Iiannum vs. Tourtellot, 10 Allen, 494.) I. The failure to file the affidavit…
1Opinion of the CourtSherwood, Judge
This was a suit before a Justice of the Peace for unlawful, detainer with judgment for complainant, December 1st, 1871; but no affidavit or appeal bond filed until the seventh of that month.
The Circuit Court which was in session at the time the judgment of the justice was rendered, dismissed the appeal on the ground that it was not taken in the time prescribed by law. *432The general term affirmed the judgment of dismissal and the case now comes here by appeal.
It appears from the bill of exceptions that the day on which the justice rendered judgment was Friday, and the application for the appeal…
2Cases cited1 opinion
- National Bank of the Metropolis v. WilliamsSupreme Court of Missouri · 1870
3Cited by10 opinions
- Bauer v. CabanneMissouri Court of Appeals · 1881
- Warner v. DonahueMissouri Court of Appeals · 1903
- Atchison, Topeka & Santa Fe Railway Co. v. SolorzanoNew Mexico Supreme Court · 1916
- Semple & Birge Manufacturing Co. v. ThomasMissouri Court of Appeals · 1881
- Burke v. DalyMissouri Court of Appeals · 1884
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