Carleton v. Byington

16 Iowa 588

Opinion

Per Curiam.

The record is uncertain, but we are inclined to believe that the report of the referee was filed on November 6th, and decree thereon entered on November 7th. Where there is doubt the presumption is that the appeal was taken in time. In computing the time in which an appeal may be taken, the day upon which the judgment or decree was entered is excluded, and the corresponding day in the year following is included.

Motion overruled.