Sims v. Sims
Sims v. Sims
Opinion of the Court
“For voluntary abandonment from bed and board for two years next preceding the filing of the bill.”
This necessarily means that two years must elapse between the abandonment and filing the bill. True, section 11 of the Code, as to the computation of time, says:
“Within which any act is provided by law to be done must be computed by excluding the first day and including the last.”
But this statute applies to acts required to be done within a certain time, and not to time which must intervene before certain things can be done or before certain rights are barred, such as the foregoing quoted provision or the statute of limitations.
“Whatever may be the English doctrine upon the subject, it is the practice of our court to include one day and exclude the other, except when the statute requires so many entire days to intervene — in which case both are excluded.” Owen v. Slatter, 26 Ala. 547, 62 Am. Dec. 745.
In the case of Owen v. Slatter, 26 Ala. 547, 62 Am. Dec. 745, the statute considered was passed on the 7th day of February, 1843, and the bill was filed on the 7th of February, 1853, and the court held that the bill was filed before the expiration of 10 years after the act was passed. Had the bill been filed on the 8th the result would have no doubt been different.
The circuit court properly overruled the respondent’s demurrer to the bill of complaint, and the decree is affirmed.
Affirmed.
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