Majority
p. 232Hoffman against Duel. moved to set aside the default entered in this cause, and all subsequent proceedings, on the ground of irregularity, The declaration in this cause, with a notice of the ru|e t0 plea¿? was served on the defendant’s attorney, the first day of September, and the default was entered On. the 'Hist September. He contended, that by the fourth rule of -April term, 1796, the defendant was entitled to twenty days, exclusive of the day on which the notice of the rule to plead is served, within which to file his plea; and that the default could not be entered until the 22d September.
Headnote
In notices ef Sc.eSone (layáis other'^cS partyt0th‘Je full number of days.HOFFMAN, for the defendant,
Brackett, contra.
The established rule of construction, in-all cases of this kind, is, that one day is inclusive and the other exclusive. If you include the 1st day of September, then the defendant had all the twenty-first day in which to plead. Take your rule, with costs.
Rule granted.