Rand v. Rand
Superior Court of New Hampshire
This was an appeal from the decision of the commissioners appointed to examine the claims against the estate of Benjamin Rand, junior, the defendant’s intestate, which had been represented to be insolvent.
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This was an appeal from the decision of the commissioners appointed to examine the claims against the estate of Benjamin Rand, junior, the defendant’s intestate, which had been represented to be insolvent. The appeal was taken at a probate court, holden on the 17th January 1827, and the judge of probate, on the appeal and declaration being presented to him, ordered the administratrix to be served with an attested copy of the declaration, appeal, and order, within thirty days from said date. A copy of the declaration, appeal and order, attested by the register of probate, was delivered to…
1Opinion of the Court
By the court.
It has been contended, in this case, that the appeal ought not to be sustained, because the notice of it was not served upon the defendant within thirty days, in pursuance of the order of the judge of probate. But in the computation of time from a date, or from the day of a date, we consider the settled rule in this state to be, that the day of the date is to be excluded. 2 Cowen, 605, Exparte Dean, and 518, Snyder v. Warren; 3 N. H. Rep. 16 and 94; 16 Johns. 120; 8 Mass. Rep. 453.
By this rule of computation the service in this case was made in season.
It is further objected, that…
2Cases cited3 opinions
- Henry v. JonesMassachusetts Supreme Judicial Court · 1812
- Gillespie v. WhiteNew York Supreme Court · 1819
- Leavitt v. SimesSuperior Court of New Hampshire · 1823
3Cited by3 opinions
- Bell v. AdamsSuperior Court of New Hampshire · 1839
- Judge of Probate v. MerrillSuperior Court of New Hampshire · 1833
- Stickney v. StickneySuperior Court of New Hampshire · 1850