Smith v. State

Supreme Court of Alabama

Decided June 11, 1942

Supreme Court of Alabama · decided 1942-06-11

Cited by 4 later decisions — most recently February 1974

4 state decisions

Relies on Belmont Coal & Railroad v. Smith · Stewart v. Keller

Good law ✅— No negative treatment on recordhow we know

Decided 1942-06-11

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¶1 On Rehearing.

BOULDIN, Justice.

¶2 The time for presenting a bill of exceptions is to be computed according to Title 1, § 12, Code of 1940. Stewart v. Keller, 197 Ala. 575, 73 So. 89.

¶3 Title 39, § 184, naming a long list of legal holidays for commercial purposes and found in the Negotiable Instruments Law has no relation to the presentation of the bill of exceptions. They are not dies non juridicus. Belmont Coal & R. Co. v. Smith, 74 Ala. 206; 29 C.J. 763, § 5.

¶4 Application for rehearing overruled.

GARDNER, C. J., and FOSTER and LIVINGSTON, JJ., concur.