Barcroft Co. v. . Roberts Co.
Supreme Court of North Carolina
PETITION by the defendants to rehear, filed February 23,1885, and heard at February term of the Supreme Court. The case is reported in 91 N. C., 363. The respondents moved to dismiss.the petition on the ground that it was not filed within twenty days after the commencement of the term succeeding that at which judgment was given. The reasons on which the Court was asked to reverse its former decision appear in the opinion.
1Opinion of the CourtSmith, C. J.
The defendants’ petition alleging errors, and asking us to review the decision made in the cause at the last term, in order to their correction, was filed on the 23rd day of February of the present term, and the defendants’ counsel moves to dismiss it because it ivas not filed “within twenty days after the commencement of the succeeding term,” under the requirements of the statute, Code, §966. Rule 12.
This would be so, but that the first day of the period allowed is to be excluded from the count, and the last also because it was Sunday, and this brings the filing within the time limited. The…
2Cited by11 opinions
- Bowles v. BowlesSupreme Court of North Carolina · 1953
- Glanton v. . JacobsSupreme Court of North Carolina · 1895
- Guano Company v. . HicksSupreme Court of North Carolina · 1897
- Hardbarger v. DealSupreme Court of North Carolina · 1962
- Davis v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
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