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· 10/23/1883

Estate of McGovern

Citations

  • 1 Coffey 150

Syllabus

<p>A Cost Bill is not Filed, if not delivered to the clerk nor received by him.</p> <p>Filing a Paper Consists in Presenting It at the Proper Office and leaving it there, deposited with the papers in such office.</p> <p>Filing Papers.—Section 1030 of the Political Code Defines and Fixes the hours during which public offices shall be kept open; and a paper which is left in a public office one hour after the time fixed by law for its closing, is left there when the office is legally closed.</p> <p>Where a Cost Bill is Left in the Clerk’s Office About One Hour After the Time specified by law for the closing of the office, there being no person present authorized to receive and file it, the paper is not filed; and if the date of the alleged filing is the last day allowed by the statute for filing the bill, a motion to strike it out should be granted.</p>

Judges: Coffey

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