United States v. Cia Luz Stearica

This case is before us on appellee’s motion to dismiss the appeal as not timely taken. The motion raises important questions concerning the validity of a rule of this court.

The cause is in admiralty. The final decree was entered November 14, 1949, and notice of appeal was filed on the 13th of February, 1950, that date being the 91st day after the entry of the decree. The 90th day fell on a Sunday. The statute, 28 U.S.C.A. § 2107 , effective September 1, 1948, and as amended May 24, 1949, provides that in any action or proceeding in admiralty the notice of appeal shall be filed within 90 days after final judgment.

The basic inquiry here is whether the statute, justly and reasonably construed, permits the taking of an appeal on the following day when the last day of the prescribed period falls on Sunday or other nonjudicial day. Appellee argues that the inquiry must be answered in the negative unless that method for computing the time has the sanction of a statute or rule approved by Congress. For this proposition it cites half a dozen courts of appeals decisions, including one by this circuit.

Rule 6(a) of the Rules of Civil Procedure', 28 U.S.C.A., provides that “In computing…