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  1.040.  Computation of time. — The time within which an act is to be done shall be computed by excluding the first day and including the last.  If the last day is Sunday it shall be excluded.

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(RSMo 1939 § 655, A. 1949 S.B. 1001, A.L. 1957 p. 587)

Prior revisions: 1929 § 655; 1919 § 7058; 1909 § 8057

CROSS REFERENCE:

Civil code of procedure for cases at law, periods of time prescribed by the code, 506.060

(1956) Where ninetieth day for filing mechanic's lien occurred on Decoration Day, May 30, which was Sunday, the time for filing under § 506.060 was extended until Tuesday, June 1, because Monday became the holiday under § 9.010.  Herman v. Dixon (A.), 285 S.W.2d 716.

(1974) Computation of time clarified. Bowling v. Webb Gas Co., Inc. of Lebanon (Mo.), 505 S.W.2d 39.

(1974) Option given on January 21 and providing for seventy-five days to act and further providing that notification by mail deposited on or before expiration date would be sufficient was complied with by notice mailed April 5. Gottlieb v. LaBrunerie (A.), 514 S.W.2d 27.

(1986) This section is applicable to statutes only, not to city charter provisions. Friends of City Market v. Old Town Redevelopment, 714 S.W.2d 569 (Mo.App.).


---- end of effective   28 Aug 1957 ----

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