Legal Opinion

Molina v. Anchor Motor Freight, Inc.

Superior Court of Delaware

Decided October 30, 1952No. 444PublishedCited by 4 opinions

1Opinion of the Court

Layton, J.:

I am cited to no Delaware authority directly on point. However, the general rule in this State is that in the absence of anything showing a contrary intent, the first day should be excluded but the day on which the act is to be done should be included. Standard Scale & Supply Corp. v. Chappell, 16 Del. Ch. 331, 141 A. 191, Del. Sup. Ct.; Simkin v. Cole, 2 W. W. Harr. 271,122 A. 191, Del. Super. Ct. This represents the great weight of authority throughout the country. 34 Am. Jur. Limitation of Actions, § 252. In a large number of jurisdictions the general rule has been applied in…

2Cases cited5 opinions

  1. Close v. Southern Maryland Agricultural Ass'nCourt of Appeals of Maryland · 1919
  2. Standard Scale and Supply Corp. v. ChappelSupreme Court of Delaware · 1928
  3. Simkin v. ColeSuperior Court of Delaware · 1922
  4. State v. HomiakNew York Court of General Session of the Peace · 1934
  5. Short & Walls Lumber Co. v. ShestackSuperior Court of Delaware · 1939

3Cited by4 opinions

  1. Associated Transport, Inc. v. PuseySuperior Court of Delaware · 1955
  2. State v. ShawSuperior Court of Delaware · 1956
  3. Wilson v. KingSuperior Court of Delaware · 1996
  4. Brisco v. Delaware State PoliceSuperior Court of Delaware · 2024

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