Majority
p. 229Burrall versus Du Blois.
Syllabus
THIS cause was tried and a general verdict given for the plaintiff, on the 11th of September. On the 15th of September, Lewis made a motion, in arrest of judgment, because, a general verdict was taken, and the action, clearly, would only be maintained on one of the counts in the declaration.Dallas
contended, that the motion was made too late, and cited 3 T. Rep. 623. Doug. 446. 1 T. Rep. 227. 4 Burr. 252 6. 2 Woodeson 243, to shew, in the computation of time, when the day on which an act is done, shall be deemed inclusive. He, also, moved to be allowed to enter the verdict on the first count in the declaration, agreeably to the authority in 4 Burr. 1235.
--The day on which the verdict was given should be reckoned inclusive; and, therefore, the motion in arrest of judgment has been made too late.
. But we have no doubt, that it is in our power to grant the plaintiff permission to enter the verdict on the proper count; and that it ought, in this case, to be granted.
The motion in arrest of judgment was accordingly dismissed, and the verdict entered on the first count.[1]
† † The Court waited ’till the last hour of the Term for the defendants' counsel, who was indisposed ; but said, that in a case in which they were so pefectly satisfied, they could not keep it longer under advisement.