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Berthold v. Wallach

New York Common Pleas — Special Term
Sep 1, 1895
14 Misc. 55 (N.Y. Misc. 1895)

Opinion

September, 1895.

Dittenhoefer, Gerber James, for owner and motion.

No appearance for claimant.


The notice of motion was made returnable at Chambers upon the 2d day of September, 1895, which was a legal holiday, being the first Monday of September, known as Labor Day. Laws of 1892, chap. 677, § 24. With regard to the transaction of business "in public offices," such a day is assimilated in nature to Sunday (Laws of 1892, chap. 681, § 41); but while the courts cannot sit for the purpose of hearing motions upon Sunday (Code Civ. Proc. § 6), and a notice returnable upon that day is void ( Arctic Fire Ins. Co. v. Hicks, 7 Abb. 204), yet it has been held that statutes similar to that above cited, as to "public offices," do not have bearing upon the courts. People ex rel. Fulton v. Suprs. of Oswego, 50 Hun, 105; People v. Kearney, 47 id. 129, reversed upon another point, 110 N.Y. 188. While it is the custom of the court to adjourn upon the days enumerated in the act of 1892 as holidays (Chap. 677, § 24), yet the legal effect of a public holiday is a matter resting entirely upon the statute, and I am constrained to hold that the first Monday of September is not a dies non with regard to the return of process, and that in the absence of a judge at Chambers, a motion such as that before me stands over, as of course, until the next day. Mathis v. Vail, 10 How. 458. Motion granted.

Motion granted.


Summaries of

Berthold v. Wallach

New York Common Pleas — Special Term
Sep 1, 1895
14 Misc. 55 (N.Y. Misc. 1895)
Case details for

Berthold v. Wallach

Case Details

Full title:Matter of the Mechanic's Lien Filed by FREDERICK or FRITZ BERTHOLD v …

Court:New York Common Pleas — Special Term

Date published: Sep 1, 1895

Citations

14 Misc. 55 (N.Y. Misc. 1895)
35 N.Y.S. 208

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