2 U.S. 229 (1795)

Annotate this Case

U.S. Supreme Court

BURRAL v. DU BLOIS, 2 U.S. 229 (1795)

2 U.S. 229 (Dall.)

Du Blois

Supreme Court of Pennsylvania

April Term, 1795

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. 2526. 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.

By the Court: 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.*


[Footnote *] 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 perfectly satisfied, they could not keep it longer under advisement.[ Burral v. Du Blois

Footnote 2 U.S. 229 (1795) ]

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.