
    Hughes vs. Patton.
    The service of a declaration on the same day that the original is filed is goody although the service precede the filing.
    October 9,
    This suit was commenced by the filing and service of a declaration. The declaration was filed at the clerk’s office at Geneva' and on the same day a copy was served upon the defendant at Rochester ; but it appeared that the copy was served' at an earlier hour than the original was filed, and on this ground the defendant moved to set aside the proceedings.
   The Chief Justice denied the motion, with costs, on the1 ground that in the service of papers the court do not regard the fractions of a day.  