Ex parte Dean
New York Supreme Court
Dean sued Armitage in a Justice’s Court ill Washington county, recovered judgment, and Armitage appealed to the Court of Common Pleas. The judgment before the Justice was rendered on the 12th September last, and though the notice of appeal was given the same day, the bond to prosecute the appeal was not executed till the 16th of the same month.
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Dean sued Armitage in a Justice’s Court ill Washington county, recovered judgment, and Armitage appealed to the Court of Common Pleas. The judgment before the Justice was rendered on the 12th September last, and though the notice of appeal was given the same day, the bond to prosecute the appeal was not executed till the 16th of the same month. On the coming in of the Justice’s return, at the last March term of that Court, Dean moved to quash the appeal, on the ground that the bond was not given in time. It was insisted that the computation of the time allowed for appealing by the statute,…
1Per curiam
We have departed from the rule of construction adopted by the English Courts, and hold that the same mode of computation is to be adopted upon statutes *606which prevails both in England and in this state as to noticeg. fhat js to say, one day is to be counted inclusive and the other exclusive. We held this at the last term upon the statute, (sess. 43, ch. 184, s. 3,) in relation to the sale and redemption of lands upon execution, which gives to the judgment creditor fifteen months from the sale within which he may redeem. Where the sale was on the 15th of August, 1822, we gave the creditor the…
Also in this document: Opinion of the Court.
2Cases cited1 opinion
- Henry v. JonesMassachusetts Supreme Judicial Court · 1812
3Cited by13 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Marvin v. . MarvinNew York Court of Appeals · 1878
- Gorham v. WingMichigan Supreme Court · 1862
- Phelan v. DouglassNew York Supreme Court · 1855
- Robinson v. Executors of RobinsonSupreme Court of Vermont · 1860
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