Supreme Court of Iowa, 1864

Carleton v. Byington

Carleton v. Byington
Supreme Court of Iowa · Decided April 22, 1864
16 Iowa 588

Carleton v. Byington

Opinion of the Court

Per Curiam.

The record is uncertain, but we are inclined to believe that the report of the referee was filed on November 6th, and decree thereon entered on November 7th. Where there is doubt the presumption is that the appeal was taken in time. In computing the time in which an appeal may be taken, the day upon which the judgment or decree was entered is excluded, and the corresponding day in the year following is included.

Motion overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.