Long v. Hughes

JUDGE WILLIAMS

delivered the opinion op the court :

The 25th day of April, 1862, was Friday; the 28th day was Monday, the day on which the motion for a new trial was made. This was “ within three days after the verdict or decision rendered," as provided by section 371, Civil Code, for this means juridical days; therefore Sunday must be excluded. The intention of the Legislature was to give three days, on any one of which the party could move for a new trial; hence the days of a recess should not be counted, because, by the action of the court, the party would be precluded from his motion.…