Buck's Stove & Range Co. v. Davidson

The defendant in error moves to dismiss this proceeding because there is here no legal case-made, the same not having been served in time.

The time was extended to August 10,1903. This required the service to be made before the expiration of the 9th of August. (Croco v. Hille, 66 Kan. 512, 72 Pac. 208; The State v. Dyck, 68 id. 558, 75 Pac. 488; Maynes v. Gray, 69 id. 49, 76 Pac. 443.)

However, August 9,1903, fell on Sunday, and it is urged that the time for service was thereby extended by virtue of section 722 of the code of civil procedure (Gen. Stat. 1901, §5218), which reads as follows :

“'Th…