McGrath v. Langford

Default Judgment—Overruling op Demurrer on Holiday—Remedy.— A judgment rendered by a justice’s court for failure to answer the complaint within the time allowed by the court after the overruling of the demurrer thereto is not void, by reason of the fact that the hearing of the demurrer was had on a Saturday afternoon, which under sections 10, 133, and 134 of the Cdde of Civil Procedure is a legal holiday, since under section 135 of such code the hearing was continued to Monday, and the order therefore only premature and the defendant’s remedy by a direct attack in the original proceeding, and not by an aetion^in equity to enjoin a sale of his property upon an execution issued upon the judgment.