Bowles v. Brauer

Citations

• 89 Va. 466
• 16 S.E. 356
• 1892 Va. LEXIS 123

Syllabus

<p>1. Time—Court practice—Statute time.—In court practice Sunday is not to be reckoned. When a statute prescribes a certain number of days within which ail act is to be done, and says nothing about Sunday, it is to be included, unless the last day falls on Sunday, in which case the act may generally be done on the succeeding day. But if the act may be lawfully done on Sunday, and the last day falls on Sunday, then Sunday is not to be excluded, Dillard v. Krise, 86 Va., p. 410.</p> <p>2. Idem—Trust deed,.—Where the deed provides for a sale to be made after advertisement for “five days” in a newspaper, a Sunday between the first and last insertion is to be reckoned one of the five days prescribed—the first day, but not the last, to be counted.</p> <p>'3. Sale—Case at bar.—The debtor being ill at time of the sale under the trust deed, and soon afterwards dying—</p> <p>Held :</p> <p>Not ground for setting aside the sale.</p>