Ex parte Dodge
New York Supreme Court
A 3USTIOE of Montgomery county rendered judgment against Dodge, at the suit of Smith, November 16th, 1826. The 26th, (the 10th day after judgment~,) being Sunday, Dodge appealed by giving notice, &c., in due form, on the 27th. On. the return coming into the 0. P. in March last, they quashed the appeal, on the ground that it was made one day too late. now moved for a mandamus commanding them to vacate the rule for quashing, &c.; and that they should proceed with the appeal.
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A 3USTIOE of Montgomery county rendered judgment against Dodge, at the suit of Smith, November 16th, 1826. The 26th, (the 10th day after judgment~,) being Sunday, Dodge appealed by giving notice, &c., in due form, on the 27th. On. the return coming into the 0. P. in March last, they quashed the appeal, on the ground that it was made one day too late. now moved for a mandamus commanding them to vacate the rule for quashing, &c.; and that they should proceed with the appeal. He said the statute (sess. 47, ch. 238, s. 36,) is, that the party shall appeal at the time of rendering the judgment, or…
1Opinion of the Court
Curia.
Sunday has, in no case, we believe, been excluded in the computation of statute time. The cases referred to, respect rules of practice. The motion must be denied.
Motion denied.
The contrary seems to have been held in Pennsylvania. Gosinller’s estate, 3 Penn. Rep. 200; and see Sims v. Hampton, 1 Serg. & Rawle, 411. See N. Y. Code of 1851, sect. 407; King v. Dowdall, 2 Sandf. Sup. Ct. Rep.; 2 Hill, 376; 10 Ward. 422 ; 2 Hill, 375.
2Cases cited1 opinion
- Sims v. HamptonSupreme Court of Pennsylvania · 1815
3Cited by15 opinions
- Hanover Fire Insurance v. Shrader & RogersTexas Supreme Court · 1895
- Johnson v. MeyersCourt of Appeals for the Eighth Circuit · 1893
- Lowe v. StringhamWisconsin Supreme Court · 1861
- Williams v. LaneWisconsin Supreme Court · 1894
- English v. WilliamsonSupreme Court of Kansas · 1885
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