Supreme Court of Pennsylvania, 1851

Thomas v. Afflick

Thomas v. Afflick
Supreme Court of Pennsylvania · Decided April 21, 1851
16 Pa. 14; 1851 Pa. LEXIS 54

Thomas v. Afflick

Opinion of the Court

Per curiam.

The rule of computation is to include the first day and exclude the last; and applying it to this case, we find the action was not brought too soon. We might plausibly distinguish it from Goswiler’s Appeal on the ground of a difference between an act to be done before the expiration of so many days, and an act to be done after it; but the distinction would-be a shadowy one. The rule of the common law is the one just stated; and it would seem that the decision- in Goswiler’s Estate was not well considered.

Judgment reversed and venire de novo awarded.

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