READY ROOFING COMPANY v. CHAMBERLIN

READY ROOFING COMPANY v. CHAMBERLIN. N. Y. Common Pleas; General Term, November, 1876. Justice’s Judgment.—Sunday. Where the eighth day after submission of a cause in a IT. T. district court falls on Sunday the justice must render judgment on or before Saturday. He loses jurisdiction by delaying till the ninth day. Section 407 of the Code does not apply. Appeal from a district court judgment. The cause was tried before the justice and summed up, and the papers submitted on June 10, 1876. The justice rendered judgment for the plaintiff for the full amount claimed, on Monday, June 19, 1876. The fifth ground of appeal, as stated in the notice of appeal served, was, “ that the justice had no jurisdiction of said action at the time of rendering judgment.” M. M. Budlong, for appellant, urged, that the case having been submitted on June 10, the justice had jurisdiction of the case for only eight days thereafter, under the statute, and should have rendered his judgment within that time. F. J. Mather, for respondent, urged that June 18, and the eighth day after the action had been submitted, being Sunday, the justice had, under section 407 of the Code, the next day within which to render judgment. [MAJORITY] The Court held as above,