161 P. 111 | Or. | 1916
delivered the opinion of the court.
Section 531, L. O. L., provides in part as follows:
“The time within which an act is to be done, as provided in this Code, shall be computed by excluding the-first day and including the last, unless the last day fall upon Sunday, Christmas, or other nonjudicial day, in which case the last day shall also be excluded.”
In Rynearson v. Union County, 54 Or. 181 (102 Pac. 785), in applying Section 531, L. O. L., to the statute-requiring a satisfactory proof “that notice has been given by advertisement, posted * # thirty days previous to the presentation of said petition to the county court,” where the notice was posted upon September 3d, and the first day of the term of the County Court then next ensuing was October 3,1906, it was held that such notices were posted only 29 days prior to the-session of the court: See, also, United States Nat. Bk. v. Shefler, 77 Or. 579, 581 (143 Pac. 51, 152 Pac. 234).
It is unnecessary, therefore, to consider the question as to whether the ordinance is in force, as in any event the initiative petition was not filed according to the-
The demurrer to the writ will therefore he sustained.
Demurrer Sustained.