
    Enck v. Gerding.
    
      Computing of time — For allowance and presentation of till of exceptions — Section 4951, Revised Statutes, controls — If limit falls on Sunday — Following day complies with law.
    
    Section 4951 of the Revised Statutes controls in computing the time for the presentation and allowance of a bill of exceptions; and where the forty-fifth day after the overruling of a motion for a new trial falls on Sunday, the provisions of section 5302 of the Revised Statutes are complied with by presenting the bill of exceptions on the following day.
    (Decided June 26, 1900.)
    Error to the Circuit Court of Putman county.
    A motion for new trial was overruled by the court of common pleas on July 28, 1898. A bill of exceptions was allowed and signed on September 12,. 1898. The circuit court declined to consider the bill of exceptions because the same had not been presented to the trial judge for allowance and signing as provided by law. This petition in error is to reverse the judgment of the circuit court for the reason that it refused to consider said bill of exceptions.
    
      Watt & Moore and J. Werner, for plaintiff in error.
    
      John H. Straman and George Frits;, for defendant in error.
   By the Court :

The bill of exceptions was presented to the trial judge for allowance and signing on the forty-sixth, day after the motion was overruled, that is, on September 12, 1898. The judgment of the circuit court was right unless the forty-fifth day, which was Sunday, must be excluded under the requirements of section 4951 of the Revised Statutes. That section requires that “unless otherwise specially provided” the time within which an act is required to he done, shall be computed by excluding the first day and including the last day; and if the last, be Sunday it shall be excluded. Section 5302 of the Revised Statutes provides that a bill of exceptions shall be presented to the trial judge five days before the expiration of the fifty days; but it does not “otherwise specially provide” as to the mode of computing the time. Section 4951, therefore, •controls in this case. The forty-fifth day being Sunday must be excluded from the count. The bill of exceptions w?as presented to the trial judge within the time provided by law".

The judgment of the circuit court is vacated and the cause remanded to the circuit court with instructions to consider the hill of exceptions.  