Joseph McKenna

“ The argument to support this is that October term did not end on the 31st of December, 1900, but continued until the 7th of January, 1901, because by rule 3 of the supreme court of the District of Columbia the January terms of the circuit court commence on the 1st Tuesdays in January, and that the 1st Tuesday of January, 1901, fell on the 1st of January, which, being a holiday, and therefore, as it is insisted, a dies non, the term did not commence until the following Tuesday, the 8th of January. ”

“ The plaintiff prayed for, and was allowed, an appeal to the court of appeals of the District. The case was tried and judgment entered at October term, 1900, which expired December 31, 1900, unless it had been continued, and this resulted, it is contended, from the following proceedings: On the 7th day of January, 1901, the plaintiff, through his attorney, deposited with the clerk $50 in lieu of a bond on appeal, and moved the court that October term be prolonged by adjournment, in order to prepare a bill of exceptions. ”