Thomas v. Afflick

Supreme Court of Pennsylvania

Thomas v. Afflick

16 Pa. 14, 1851 Pa. LEXIS 54

DecidedApril 21, 1851

StatusPublished

This text of 16 Pa. 14 (Thomas v. Afflick) 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

Thomas v. Afflick, 16 Pa. 14, 1851 Pa. LEXIS 54 (Pa. 1851).

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Opinion

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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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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Bluebook (online)

16 Pa. 14, 1851 Pa. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-afflick-pa-1851.