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134 Ga. 287

Holt v. Richardson

Supreme Court of Georgia

Decided March 19, 1910

Supreme Court of Georgia · decided 1910-03-19

<p>When a time is to be computed' after a certain date, it is meant that such day should be excluded in the computation. Accordingly, where the defendant in a dispossessoiy warrant issued under the Civil Code, § 4821, is given notice by the officer on November 7th (which falls on Thursday) that “after the expiration of three days (not counting Sundays or public holidays)” the officer will evict him unless he flies the statutory counter-affidavit, the defendant has three lay or working days, viz., the 8th, 9th, and 11th of November, within which to file his defense, and the officer can not legally evict him before November 12th.</p>

Cited by 2 later decisions — most recently October 1977

2 state decisions

Relies on Irwin v. State · Knoxville City Mills Co. v. Lovinger

Good law ✅— No negative treatment on recordhow we know

Decided 1910-03-19

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Evans, P. J.

¶1The suit is in trespass against an officer for an alleged illegal eviction of the defendant under a dispossessory warrant issued under the Civil Code, § 4821. The parties concede that the only question in the ease is that shown.by the syllabus; and the ruling there made is fully supported by the authorities. Knoxville City Mills Co. v. Lovinger, 83 Ga. 563 (10 S. E. 230) ; Rusk v. Hill, 117 Ga. 722 (45 S. E. 42).

¶2Judgment affirmed.

All the Justices concur, except Fish, G. J., absent.
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