Vandenburgh v. Van Rensselaer

Citations

• 6 Paige Ch. 147
• 1836 N.Y. LEXIS 277
• 1836 N.Y. Misc. LEXIS 45

Syllabus

<p>Where a proceeding in a cause is required to be had within a limited time, as within a certain number of days from or after the entry of an order or the service of a notice or other paper, the whole of the first day is to be excluded in the computation of time.</p> <p>But where a previous notice of a motion or other proceeding in a suit is required to be given, the whole of the day on which the notice is served is included in the computation of time, and the day upon which the motion is to be made or other proceeding had is excluded.</p> <p>A mere notice from a party that he intends to proceed in a manner which would be irregular, does not make it necessary for the adverse party to apply to the court on the subject, until some proceeding in the cause is had which is irregular and inconsistent with the rights of such adverse party.</p>