Marks's Executors v. Russell

Supreme Court of Pennsylvania

Marks's Executors v. Russell

40 Pa. 372, 1861 Pa. LEXIS 292

CourtSupreme Court of Pennsylvania

DecidedOctober 31, 1861

StatusPublished

Cited by6 cases

This text of 40 Pa. 372 (Marks's Executors v. Russell) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marks's Executors v. Russell, 40 Pa. 372, 1861 Pa. LEXIS 292 (Pa. 1861).

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Opinion

The opinion of the court was delivered,

by Lowrie, C. J.

The judgment was premature. In counting the time to plead after notice, the day on which the notice is given is excluded, and if the final day falls on Sunday, it also is excluded, and a plea entered on Monday is in time. A judgment entered on that day is erroneous. The cases of Goswiler’s Estate, 3 P. R. 201, and Cromelien v. Brink, 5 Casey 522, show this.

Judgment reversed, and a procedendo awarded.

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The opinion of the court was delivered,

by Lowrie, C. J.

The judgment was premature. In counting the time to plead after notice, the day on which the notice is given is excluded, and if the final day falls on Sunday, it also is excluded, and a plea entered on Monday is in time. A judgment entered on that day is erroneous. The cases of Goswiler’s Estate, 3 P. R. 201, and Cromelien v. Brink, 5 Casey 522, show this.

Judgment reversed, and a procedendo awarded.

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Bluebook (online)

40 Pa. 372, 1861 Pa. LEXIS 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/markss-executors-v-russell-pa-1861.

Opinion

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