John H. Catherwood & Co. v. Shepard

The opinion of the court was delivered by

Manning, C. J.

The service of process was made on the defendant on Dec. 22, 1877. Ten days were allowed to answer. The default was entered on January 2d following. From the judgment confirming that default, this appeal is taken.

Neither the day when the citation was served, nor the day when the delay expires, are counted as part of the ten. Code of Practice, art. 180. The first day of January was. the last of the ten days, and a default on •the second would have been well taken, but for the fact that the first of January is a legal holiday, upon which no…