Gordon v. Randle, 189 U.S. 417 (1903)

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Gordon v. Randle


No. 229


Argued April 7, 1903
Decided April 27, 1903
189 U.S. 417

ERROR TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA

Syllabus

Under the rules of the Supreme Court of the District of Columbia, the January terms begin on the first Tuesday of January. The effect of January 1’s being a holiday when it falls on Tuesday is not to prolong an October term which ends on December 31, and postpone the commencement of the January term until January 8, but only to postpone the exercise by the court of its duties until the following day.

It is too late, therefore, after January 1, to make a motion to prolong the October term, which motion under the rules must be made before the end of that term.

The rule prolonging the term is to be exercised when invoked; there is no duty imposed upon the court to prolong the term of its own motion.

The case is stated in the opinion of the court.