
    Thomas McLees et al. v. Samuel L. Morrison.
    Motion for leave to file a petition in error to the District Court of Muskingum county.
    
      M. M. Granger, for the motion.
    
      Evans $ Beard, contra.
   By the Court.

Under section 113 of the justices’ code (S. & S. 419), which makes it the duty of the appellant to-file the transcript with the clerk of the court of common pleas “ on or before the thirtieth day from the rendition of the judgment appealed from,” if said thirtieth day falls on Sunday the transcript can not be filed on the next succeeding-day, the provisions of section 597 of the code of civil procedure not being applicable in such cases, but only applicable to cases provided for in the code of civil procedure-itself.

Motion overruled.  