Sabin v. Burke

A rehearing was granted in this ease upon one point, to wit: Was the action of the note dated September 21, 1889, commenced on the morning or the evening of September 23, 1889, and after banking hours? (See above decision on petition for rehearing.)

The evidence shows beyond question that the complaint was filed on September 22, 1889, as of September 23d. That on the afternoon of September 22d (after filing said complaint) the attorney for respondent and the clerk of the district court left Lewiston for Rathdrum; that they took with them certain papers and among them the alias writ of…