Harrison v. Bay Shore Development Co.

The appellee has filed a motion praying an order dismissing the appeal in this case upon the ground that the appeal was made returnable on the 15th day of August, 1926, which day was Sunday. Under the provisions of Section 2611, Revised General Statutes of Florida, service of process'is prohibited on Sunday, except, under certain conditions therein set forth.

The statute requires that appeals shall be made returnable on a day certain within certain, periods of time. It has been held by this court that Sunday in this State occupies the status of dies non. Barnes v. State, 68 Fla. 291, 67 South.…