Ingersoll v. Kirby

The day of the month and not of the week must govern, when they fall on different days, as in the present case ; and the summons was not served in season for the seventh of December, the rule requiring at least two days’ service. If the mistake had been in naming the day of the week, that part of the summons might be rejected as surplusage, and the summons stillbe good, unless the party had been misled by it.

Motion granted.