Bell v. Adams
Superior Court of New Hampshire
Debt on a bond, dated April 19, 1836, executed under the statute of 1832, upon the arrest of Benjamin Adams, on an execution in favor of the plaintiff. The case was submitted to the determination of the court upon a statement of facts. The defendant signed the bond as surety of Benjamin Adams, and the arrest was made on the day of the date.
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Debt on a bond, dated April 19, 1836, executed under the statute of 1832, upon the arrest of Benjamin Adams, on an execution in favor of the plaintiff. The case was submitted to the determination of the court upon a statement of facts. The defendant signed the bond as surety of Benjamin Adams, and the arrest was made on the day of the date. Benjamin Adams, some time in April, 1837, made application to two justices of the peace and quorum for the county of Coos, where he was arrested, to be discharged from his arrest and imprisonment, and on the 19th of April, 1837, took the oath as prescribed…
1Opinion of the CourtParker, C. J.
There are-two general rules for the computation of time, as settled by previous decisions in this state. *182If the computation is to be made from an act done, or the time of an act, the day on which the act is done is to be included. 3 N. H. Rep, 92, Priest vs. Tarleton. If it be made from a date, or the day of a date, the day is to be excluded. 4 N. H. Rep. 267, Rand vs. Rand.
Whether this distinction was originally founded in any sound reason, it seems now too late to inquire. It is well settled, by various authorities and by long practice, that in computing time on promissory notes the day of…
2Cases cited3 opinions
- Leavitt v. SimesSuperior Court of New Hampshire · 1823
- Rand v. RandSuperior Court of New Hampshire · 1828
- Blake v. CrowninshieldSuperior Court of New Hampshire · 1838
3Cited by2 opinions
- Odiorne v. QuimbySuperior Court of New Hampshire · 1840
- Scovell v. HolbrookSuperior Court of New Hampshire · 1851