7 Cow. 147
Decided May 15, 1827
New York Supreme Court · decided 1827-05-15
A 3USTIOE of Montgomery county rendered judgment against Dodge, at the suit of Smith, November 16th, 1826. The 26th, (the 10th day after judgment~,) being Sunday, Dodge appealed by giving notice, &c., in due form, on the 27th. On. the return coming into the 0. P. in March last, they quashed the appeal, on the ground that it was made one day too late. now moved for a mandamus commanding them to vacate the rule for quashing, &c.; and that they should proceed with the appeal.
Good law ✅— No negative treatment on recordhow we know
Decided 1827-05-15
Cited by 10 later decisions — most recently August 2000
1 federal appellate · 9 state decisions
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.
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¶1Sunday has, in no case, we believe, been excluded in the computation of statute time. The cases referred to, respect rules of practice. The motion must be denied.
¶2Motion denied.
¶3 The contrary seems to have been held in Pennsylvania. Gosinller’s estate, 3 Penn. Rep. 200; and see Sims v. Hampton, 1 Serg. & Rawle, 411. See N. Y. Code of 1851, sect. 407; King v. Dowdall, 2 Sandf. Sup. Ct. Rep.; 2 Hill, 376; 10 Ward. 422 ; 2 Hill, 375.