Bemis v. Leonard
Massachusetts Supreme Judicial Court
Contract. Writ dated September 13, 1871. The officer’s return was as follows: “ Hampden, ss. October 3, 1871. By virtue of this writ I this day attached five lots of tobacco as the property of the within named defendant, said tobacco situate one lot in barn of estate of Walter Cooley, one lot in barn of Aaron Day, one lot in barn of Edwin Parsons, one lot in barn of Henry Sibley, and the other lot in barn of Mrs. Day and William White, and afterwards on the same day I…
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Contract. Writ dated September 13, 1871. The officer’s return was as follows: “ Hampden, ss. October 3, 1871. By virtue of this writ I this day attached five lots of tobacco as the property of the within named defendant, said tobacco situate one lot in barn of estate of Walter Cooley, one lot in barn of Aaron Day, one lot in barn of Edwin Parsons, one lot in barn of Henry Sibley, and the other lot in barn of Mrs. Day and William White, and afterwards on the same day I summoned the within named trustee to appear and answer at court as within directed, by leaving at his last and usual place of…
1Opinion of the CourtGray, C. J.
The rule of construction, stated in some of the old authorities, that when time is to be computed from an act-done, the day of the act is to be included, has been rejected in the later English cases, of which it is sufficient to refer to Lester v Garland, 15 Ves. 248, and Webb v. Fairmaner, 3 M. & W. 473, where the earlier cases are critically reviewed by Sir William Grant and by Baron Parke. And the English decisions, cited by the learned counsel for the defendant, cannot govern the case before us.
*504One of them is Castle v. Burditt, (1790 ) 3 T. R. 623, in which the decision was that under a…
2Cases cited15 opinions
- Sheets v. Selden's LesseeSupreme Court of the United States · 1865
- Arnold and Others v. The United StatesSupreme Court of the United States · 1815
- Cornell v. MoultonNew York Supreme Court · 1846
- Owen v. SlatterSupreme Court of Alabama · 1855
- Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
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3Cited by62 opinions
- Poy v. BoutselisCourt of Appeals for the First Circuit · 2003
- Burnet v. Willingham Loan & Trust Co.Supreme Court of the United States · 1931
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Taylor v. BrownSupreme Court of the United States · 1893
- Sweeney v. Morey & Co.Massachusetts Supreme Judicial Court · 1932
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