Smith v. Cassity

delivered tile opinion of the Court.

The decree having been rendered on 'the.25th day of September, 1845, and the writ of error sued out on the 25th day of ’September, 1848, the 'full period of three years had not expired after the rendition of the decree before the issuing of the .writ. The universal rale of computing time from one day to another, is to exclude one and include the other. Excluding the day on which the decree was rendered, the writ issued on the last day of the third year, and was therefore within the time allowed by the statute. The plea setting up the bar by time, is…