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68 N.H. 466

41 A 183

Bernard v. Martel

Supreme Court of New Hampshire

Decided June 5, 1896

Supreme Court of New Hampshire · decided 1896-06-05

Assumpsit, for goods sold. Facts agreed. The defendant’s property was attached on the writ, October 3, 1895. He was decreed an insolvent upon a creditors’ petition filed January 2, 1896. If the insolvency proceeding dissolved the attachment, the plaintiff is to be nonsuited; otherwise, he is to have judgment.

Cited by 4 later decisions — most recently March 1995

4 state decisions

Relies on Ricker v. Blanchard

Good law ✅— No negative treatment on recordhow we know

Decided 1896-06-05

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Chase, J.

¶1 “ When time is to be reckoned from a day, date, act done, or the time of an act. done, either by force of law or by virtue of a contract made since the twenty-third day of December, eighteen hundred and forty-two, such day, date, or the day when such act is done shall not be included in the computation.” P. S., c. 2, s. 34. These terms are general and apply equally whether the time is to be reckoned backward or forward from the specified day or act. The purpose of the statute -was “ to establish a uniform rule of computation ” (Picker v. Blanchard, 45 N. H. 39, 48); and there is no reason for supposing that the uniformity intended was to be less extensive than the terms used naturally import.

¶2 Three months before January 2, 1896,— the date of the beginning of the insolvency proceeding,— extended to and included October 2, 1895. The plaintiff’s attachment, having been made within that time, was dissolved by the proceeding. P. 8., c. 201, ss. 26, 55.

¶3 Plaintiff nonsuit.

All concurred.
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