45 Misc. 455
Decided December 15, 1904
New York Supreme Court · decided 1904-12-15
<p>Limitation of action on judgment.</p> <p>A judgment was entered June 27, 1884. A summons in an action on said judgment was delivered to the sheriff for service on June 27, 1904.</p> <p>Held, that the action was not begun within twenty years as, when years are reckoned, the first day is included. The fact that the day before the issue of summons for service was Sunday makes no difference.</p>
Cited by 1 later decisions — most recently October 1914
1 state decisions
Relies on Aultman Taylor Co. v. . Syme · Porter v. . Pierce · People v. Luther
Good law ✅— No negative treatment on recordhow we know
Decided 1904-12-15
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¶1The judgment sued upon was entered June 27th, 1884. The summons in the present action was delivered to the sheriff for service on June 27th, 1904. That the day before was Sunday makes no difference. The action was not begun “ within ” twenty years. When years are reckoned the first day is included (Aultman & Taylor Co. v. Syme, 163 N. Y. 54; People v. Luther, 1 Wend. 42; Porter v. Pierce, 120 N. Y. 221).
¶2Judgment for the defendant.