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DRIVER-MILLER CORPORATION v. LIBERTY

No. 6941.

365 P.2d 910 (1961)

69 N.M. 259

DRIVER-MILLER CORPORATION, a corporation, and Miller Metal Company, a corporation, Plaintiffs-Appellants, v. J. S. LIBERTY and William G. Barber, d/b/a Barber Construction Company, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied November 1, 1961.

Attorney(s) appearing for the Case

J. Ernest Corey, Albuquerque, for appellants.

Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for appellees.

NOBLE, Justice.

The single question presented is whether the time for perfecting an appeal to the Supreme Court is extended to the next business day when the 30th day after entry of the judgment appealed from falls on Saturday. Judgment was entered on August 11, 1960 by the district court of Bernalillo County, and an order granting appeal was filed September 12, 1960, thirty-two days after entry of the judgment. The 30th day, September 10, was a Saturday. Upon motion...

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