Small v. Edrick

Decided December 9, 1830

New York Supreme Court · decided 1830-12-09

Notice of trial. The notice of trial in this case was served on the ninth day of November for the twenty-third day of the same month, and an inquest was taken at the circuit. A motion was now made to set aside the inquest for irregularity, on the ground that notice of trial was not served fourteen days before the first day of the court at which the trial was had.

Good law ✅— No negative treatment on recordhow we know

Decided 1830-12-09

How this case has been cited

Cited by 8 later decisions — most recently February 1894

1 federal appellate · 7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Marcy, J.

¶2The language of the statute is, “written notice of trial of every issue of fact shall in all cases be served at least fourteen days before the first day of the court at which such trial shall be intended to be had.” 2 R. *138S. 410, § 7. This act varies in its phraseology from the act of 1813, 1 R. L. 326, § 3. Ordinarily, in the'computation of time as to the service of papers, one day is included and the other is excluded, and so is the general rulé of this court, Rule 62, adopted 1st January, 1830; but that rule expressly excludes the day of service, and the statute excludes the first day of court; consequently there was in this case a notice of only thirteen days. • The motion is therefore granted, but without costs.