Cock v. Bunn
New York Supreme Court
THIS cause was removed to this court, by habeas coi-y pus, from the mayor’s court, returnable on the first' Monday of May last. On the 7th of May, the defendant’s attorney was served with a copy of the declaration, and notice of a rule, to file bail in 20 days, or that a proceJ ’ 1 dendo issue, and also, that the defendant plead in 20 days, or judgment.
Read the full summary
THIS cause was removed to this court, by habeas coi-y pus, from the mayor’s court, returnable on the first' Monday of May last. On the 7th of May, the defendant’s attorney was served with a copy of the declaration, and notice of a rule, to file bail in 20 days, or that a proceJ ’ 1 dendo issue, and also, that the defendant plead in 20 days, or judgment. The 27th day of May was Sunday, and on Monday9 the 28th of May, the plaintiff having entered a default, took opt a procedendo.
1Per curiam
Where the rule to plead expires on Sunday, the defendant has the next day, in which to plead. Where the last day is Sunday, that is to be rejected. We adopt the practice of the English court, in this respect.
Rule granted.
2Cited by7 opinions
- English v. WilliamsonSupreme Court of Kansas · 1885
- Vailes v. BrownSupreme Court of Colorado · 1891
- James v. FaulkeSupreme Court of Missouri · 1870
- Vohlers v. E. H. Stafford Manufacturing Co.Michigan Supreme Court · 1912
- Evans & Hollinger v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.