Johnson v. Meyers
Court of Appeals for the Eighth Circuit
Appeal from tbe Circuit Court of the United States for the Eastern District of Missouri. A motion was made to dismiss this appeal on the ground, among others, that the appeal was not taken within six months after the entry of the decree sought to be reviewed. The decree In the court below was rendered May 27, 1892. November 27, 1892, was Sunday. The appeal from the decree was allowed, and the bond on appeal approved, November 28,1892.
1Opinion of the Court
SANBORN, Circuit Judge.
When the last day of the six months wiiliiu which an appeal may be taken, or a writ of error sued out, to review in this court a decree or judgment below, falls on Sunday, may the appeal be taken, or the writ, sued out, on the succeeding day? This is the question presented by this motion. The act of March 8, 1891, creating the circuit courts of appeals, (section 11, c. 317, 29 St. p. 826,) provides “that no appeal or writ of error by which any order, judgment, or decree may be reviewed in the circuit court of appeals under the provisions of this act shall be taken or…
2Cases cited2 opinions
- Alderman v.PhelpsMassachusetts Supreme Judicial Court · 1818
- Ex parte DodgeNew York Supreme Court · 1827
3Cited by34 opinions
- Union National Bank v. LambSupreme Court of the United States · 1949
- Sherwood Bros. v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- Maresca v. United StatesCourt of Appeals for the Second Circuit · 1921
- Southern California Loan Asso. v. CommissionerUnited States Board of Tax Appeals · 1926
- State Ex Rel. Putnam v. HolmSupreme Court of Minnesota · 1927
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