Cunningham v. Mahan

Massachusetts Supreme Judicial Court
Cunningham v. Mahan, 112 Mass. 58 (Mass. 1873)
Moktom

Cunningham v. Mahan

Opinion of the Court

Moktom, J.

When a statute fixes a limitation of time within which a particular act may or may not be done, if the time limited exceeds a week, Sunday is included in the computation ; but if it is less than a week, Sunday is excluded. This is the established rule of interpretation in this state. Alderman v. Phelps, 15 Mass. 225. Thayer v. Felt, 4 Pick. 354. Penniman v. Cole, 8 Met. 496. McIniffe v. Wheelock, 1 Gray, 600. Hannum v. Tourtellott, 10 Allen, 494.

The St. of 1861, c. 112, provides that “whenever the notice permitted by the thirteenth section of the one hundred and twenty-fourth chapter of the General Statutes shall be served by leaving a copy thereof at the last and usual place of abode of the plaintiff or creditor, bis agent or attorney, not less than twenty-four hours shall be allowed before the time appointed for the examination.”

As there is nothing in the statute to indicate a different intention of the Legislature, it falls within the general rule above stated, and, in the computation of the twenty-four hours to be allowed to the creditor, Sunday is to be excluded. It follows that the notice in this case was insufficient.

Exceptions overruled.

Reference

Full Case Name
Mary A. Cunningham v. John W. Mahan & another
Cited By
14 cases
Status
Published