Public-domain · open source
OpenJurist

43 Wis. 41

Meng v. Winkleman

Wisconsin Supreme Court

Decided August 15, 1877

Wisconsin Supreme Court · decided 1877-08-15

This action was brought before a justice of the peace, and tried by him without a jury. The cause was submitted to him at 5:30 P. M., November 5th; “ whereupon the court adjourned the case for seventy-two hours, to consider upon a rendition of judgment, at which time, five and a half o’clock in the afternoon of the 9th ihst., judgment will be rendered at my office.” This quotation is from the docket of the justice.

Good law ✅— No negative treatment on recordhow we know

Decided 1877-08-15

How this case has been cited

Cited by 4 later decisions — most recently March 1918

4 state decisions

2018771880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Lyon, J.

¶1The only question presented by this appeal is, whether the justice, when he took time to consider upon the cause, adjourned the same for a longer time than the statute allows.

¶2The statute provides that “ whenever a justice shall take time to consider upon a cause submitted to him for decision, he shall continue the cause to a time to be by him named, not more than seventy-two hours from the time the same is so submitted, at which time he shall enter his judgment.” R. S., ch. 120, sec. 96.

¶3We are entirely satisfied that it was the intention of the legislature, in the enactment of this statute, to give the justice *45seventy-two hours of secular time in which to consider the cause and determine his judgment. This view is sustained by the reasoning and decision of this court in Ridgley v. The State, 7 Wis., 661, decided nearly twenty years ago. So far as we are advised, that case has never been overruled, nor its correctness questioned.

¶4"We understand the true principle to be (and so hold) that, when a statute, like that under consideration, gives hours in which to perform a given act, and does not mention an intervening Sunday, the hours of an intervening Sunday are to be excluded from the computation of time.

¶5By the Court. — Judgment affirmed.

/43/wis/41 · .json · Public domain