People of San Francisco v. McCain

50 Cal. 210 | Cal. | 1875

By the Court, Crockett, J.:

The court below was correct in holding the publication in the Chronicle to be insufficient. The statute required the publication to be made for five days, “Sundays and nonjudicial days excepted,” and the publication in the Chronicle was for four days only, exclusive of the last day, which was Sunday, and therefore not to be counted.

Judgment affirmed. Remittitur forthwith.

Mr. Chief Justice Wallace did not express an opinion.