Hoyt

The appeal in this case was dismissed by the court in Bank on December 11, 1890, and a rehearing thereafter granted. Upon full consideration we are satisfied with our former opinion, and for the reasons therein stated, the motion to dismiss the appeal must be granted.

It is true that for some purposes a day is regarded as an indivisible unit, and that in the cases where such rule properly applies, courts refuse to look into fractions of a day for the purpose of determining which of two acts was first in point of time; but when the question whether one legal right shall have priority over another depends upon the order of events occurring on the same day, this rule is necessarily departed from. (National Bank v. Burkhardt, 100 U. S. 689 ; Louisville v. Savings Bank, 104 U. S. 474 .) And in Main v. Gilman, 11 Fed. Rep. 214, it is said: “ It is insisted that the law knows no fractions of a day. But this ancient maxim is now chiefly known by its exceptions. When private rights depend upon it, the courts inquire into the hour at which an act was done, or a decree was entered, or an attachment was laid, or any title accrued.”

In the case of Hill v. Finnigan, 54 Cal. 313 , the material…