Definition of DAY in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DAY
- A period of time consisting of twentyfour hours and including the solar day and the night. Co. Litt. 135a; Fox v. Abel, 2 Conn. 541.
- The period of time during which the earth makes one revolution on its axis. Long v. City of Wichita Falls, 142 Tex. 202, 176 S.W.2d 936, 938, 939.
- The space of time which elapses between two successive midnights. 2 Bl.Comm. 141; State v. Michel, 52 La.Ann. 936, 27 So. 565, 49 L.R.A. 218; Stevenson v. Donnelly, 221 Mass. 161, 108 N.E. 926, 927, Ann.Cas.1917E, 932; Long v. City of Wichita Falls, 142 Tex. 202, 176 S.W.2d 936, 938, 939.
- The whole or any part of period of 24 hours from midnight to midnight. Talbott v. Caudill, 248 Ky. 146, 58 S.W.2d 385.
- That portion of time during which the sun is above the horizon, and, in addition, that part of the morning and evening during which there is sufficient light for the features of a man to be reasonably discerned. 3 Inst. 63; Nicholls v. State, 68 Wis. 416, 32 N.W. 543, 60 Am.Rep. 870; State v. McKnight, 111 N.C. 690, 16 S.E. 319; U. S. v. Martin, D.C.Mass., 33 F.2d 639, 640.
- An artificial period of time, computed from one fixed point to another twenty-four hours later, without any reference to the prevalence of light or darkness. Fuller v. Schroeder, 20 Neb. 631, 31 N.W. 109.
- The period of time, within the limits of a natural day, set apart either by law or by common usage for the transaction of particular business or the performance of labor; as in banking, in laws regulating the hours of labor, in contracts for so many "days' work," and the like, the word "day" may signify six, eight, ten, or any number of hours. Fay v. Brown, 96 Wis. 434, 71 N.W. 895; McCulsky v. Klosterman, 20 Or. 108, 25 P. 366, 10 L.R.A. 785.
- In practice and pleading. A particular time assigned or given for the appearance of parties in court, the return of writs, etc.
When considered in computing time, it is an indivisible point of time, Williams v. Williams, 325 Mo. 963, 30 S.W.2d 69, 71; Fiedler v. Eckfeldt, 335 Ill. 11, 166 N.E. 504, 507; Greulich v. Monnin, 142 Ohio St. 113, 50 N.E.2d 310, 312; but that it is not divisible is a mere fiction, only observed for the purposes of justice and never adhered to when it would work mischief. Greulich v. Monnin, Ohio App., 45 N.E.2d 212, 217. Durstin v. Dodge, 138 Me. 12, 20 A.2d 671, 672.
Regardless of the duration of the "day," the law often disregards fractions, where priority is not concerned. Franklin v. State, 9 Okl.Cr. 178, 131 P. 183, 184; Harris County v. Hammond, Tex.Civ.App., 203 S.W. 451, 453; State ex rel. Jones v. Board of Deputy State Supervisors & Inspectors of Elections of Montgomery County, 93 Ohio St. 14, 112 N.E. 136, 137; First National Bank v. Burkhardt, 100 U.S. 686, 25 L. Ed. 766.
The period of twenty-four hours beginning and ending at noon.
The time between the rising and setting of the sun; that is, day or daytime as distinguished from night.
See Calendar. Civil Day The solar day, measured by the diurnal revolution of the earth, and denoting the interval of time which elapses between the successive transits of the sun over the same hour circle, so that the "civil day" commences and ends at midnight. Pedersen v. Eugster, D.C.La., 14 F. 422.
In old English practice. An ordinary day in court. Cowell; Termes de la Ley.
A day on which the court is actually in session. Heffner v. Heffner, 48 La.Ann. 1088, 20 So. 281.
A day proper for the transaction of business in court; one on which the court may lawfully sit, excluding Sundays and some holidays.
The day prescribed in a bond, mortgage, or defeasible deed for payment of the debt secured thereby, or, in default of payment, the forfeiture of the property mortgaged. But this does not now occur until foreclosure. Ward v. Lord, 100 Ga. 407, 28 S.E. 446; Kortright v. Cady, 21 N.Y. 345, 78 Am.Rep. 145.
A juridical day. See supra. And see Heffner v. Heffner, 48 La.Ann. 1088, 20 So. 281.
Properly the period of twenty-four hours from midnight to midnight. Co.Litt. 135; Fox v. Abel, 2 Conn. 541; People v. Hatch, 33 Ill. 137. Though sometimes taken to mean the daytime or time between sunrise and sunset. In re Ten Hour Law, 24 R.I. 603, 54 A. 602, 61 L.R.A. 612.
One on which process cannot ordinarily issue or be served or returned and on which the courts do not ordinarily sit. Whitney v. Blackburn, 17 Or. 564, 21 P. 874, 11 Am.St.Rep. 857. More properly "non-juridical day."
A term sometimes used as meaning that portion of the day when the sun is above the horizon, but properly it is the time between two complete (apparent) revolutions of the sun, or between two consecutive positions of the sun over any given terrestrial meridian, and hence, according to the usual method of reckoning, from noon to noon at any given place.
That's the definition of DAY in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.