
    Samuel J. S. Vose, Plaintiff, v. George Kuhn et al., Defendants.
    (Supreme Court, Kings Trial Term,
    December, 1904.)
    Limitation of action on judgment.
    A judgment was entered June 27, 1884. A summons in an action on said judgment was delivered to the sheriff for service on June 27, 1904.
    Held, that the action was not begun within twenty years as, when years are reckoned, the first day is included. The fact that the day before the issue of summons for service was Sunday makes no difference.
    Action on a judgment. Defence of the Statute of Limitations.
    Joseph J. Williams for plaintiff.
    Winter & Winter for defendants.
   Gaynor, J.:

The judgment sued upon was entered June 27th, 1884. The summons in the present action was delivered to the sheriff for service on June 27th, 1904. That the day before was Sunday makes no difference. The action was not begun “ within ” twenty years. When years are reckoned the first day is included (Aultman & Taylor Co. v. Syme, 163 N. Y. 54; People v. Luther, 1 Wend. 42; Porter v. Pierce, 120 N. Y. 221).

Judgment for the defendant.  