State Ex Rel. Gaston v. Cunninghame

There is no merit in the contention of the appellees that the judgment from which the appeal was taken was rendered in vacation, is void, and will not support an appeal. The case was tried and the judgment rendered on July 7, 1926, and this court takes judicial notice of the fact that the first Monday after the 4th day of July, 1926, was the 6th day of July, and that the 7th day of July, was the second day of the regular term of the court. Code of 1923, § 667.

Much of the argument is devoted to the question whether this is a proceeding under section 25 of article 37 of the Agricultural Code of…