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Ready Roofing Co. v. Chamberlin

6 Daly (N.Y.) 521 Court N.Y.C.P. Decision date 1876-12-04 English

Contents

Majority

p. 521
The Ready Roofing Company of New York against Otis K. Chamberlin.
(Decided December 4th, 1876.)

Headnote

The provisions of § 407 of the Code, as to computations of time, do not apply to such proceedings in the District Courts of the city of New York as are regulated by the District Court act of 1867; and where, therefore, the eighth day after the trial of a cause in a District Court fell on a Sunday, and the justice did not' render his decision until the day following : Held, that the justice lost jurisdiction of the case, and that the judgment was void, and must be reversed on appeal.
Appeal from the judgment of a District Court. The facts are stated in the opinion.

The justice rendered his judgment on the ninth day after the cause was submitted to him for decision, the eighth day being Sunday. He lost jurisdiction, as under such circumstances his judgment should have been rendered on the seventh day, or Saturday (2 Cowen’s Treat. § 1552, and cases cited). The Code (§ 401), does not apply. The limitation

p. 522
as to the time in which the judgment is to be rendered is not enacted in the Code, but in the District Court act.

Judgment reversed.

Footnotes

  1. * Present, Charles P. Daly, Ch. J., Joseph F. Daly, and Van Hoesbn, JJ.