Legal Opinion
Simkin v. Cole
Superior Court of Delaware
Decided January 30, 1922No. 157PublishedCited by 18 opinions
1Opinion of the Court
Harrington, J.,
delivering the opinion of the Court:
The question is whether the defendant’s reasons for a new trial were filed within the time prescribed by rule 35 of the Superior Court Rules. This rule is as follows:
“Motions * * * for new trials shall be made and the reasons filed within four days next after the trial, if the court shall sit so long; and if it do not, then during the term.”
In computing time, either under a rule of court or a statute, in the absence of anything showing a contrary intent, the first day should ordinarily be excluded, but the day on which the act is to be done…
2Cases cited14 opinions
- Monroe Cattle Co. v. BeckerSupreme Court of the United States · 1893
- American Tobacco Co. v. StricklingCourt of Appeals of Maryland · 1898
- Simmons v. HanneSupreme Court of Florida · 1905
- Cooley v. CookMassachusetts Supreme Judicial Court · 1878
- Pendergast v. Fostoria Oil Co.Court of Chancery of Delaware · 1919
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Sherwood Bros. v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- Standard Scale and Supply Corp. v. ChappelSupreme Court of Delaware · 1928
- Neiswander v. BricknerOhio Supreme Court · 1927
- Nelson v. Frank E. Best Inc.Court of Chancery of Delaware · 2000
- Santow v. UllmanSupreme Court of Delaware · 1960
13 more not listed; retrieve them via the Exa API.