Pugh v. Reat

Citations

• 107 Ill. 440
• 1883 Ill. LEXIS 281

Syllabus

<p>1. New tbiai<—in ejectment, under the statute—motion for must be within one year, and all costs paid. A plaintiff in ejectment recovered judgment on April 12,1882, and on May 1,1882, the defendants paid all costs up to that time. On March 9, 1883, the plaintiff sued out a writ of possession, making thereby one dollar additional costs, of which the defendants» had notice. On April 13, 1883, the defendants for the first time entered a motion to vacate the judgment, and for a new trial, under the statute, without having paid these additional costs. The court overruled the motion: Held, that the motion was properly overruled, for two reasons,—the failure to pay all costs, and to make the application within one year after the judgment.</p> <p>2. Time—mode of computing. The proper mode of computing time, where an act is to be performed within a particular period from or after a specified day, is to exclude the day named and include the day on which the act is to be done.</p>