Larochelle v. Birch

The timeliness of the appeal is to be determined by the date of filing of the appeal rather than the date of execution. The applicable statute requires that the appeal “be claimed within sixty days from the time of making such decision, and not after, in writing, signed by the party appealing or his attorney .. ..” R. L., c. 365, s. 2. The executors contend that this requirement was not met. In support of their contention they urged that R. L., c. 7, s. 34, providing in part that: “When time is to be reckoned from... the time of an act done . . . the day when such act is done shall not be…