On one and the same date—April 16, 1904—the plaintiff filed his note of issue and served his notice of trial. Inasmuch as the note of issue must have been filed before 1 o’clock in the afternoon of that day, it being a Saturday, and the notice of trial was served at half past 4 o’clock in the afternoon, the appellant contends that this cause was improperly upon the calendar, for the reason that under section 3162, Code Civ. Proc., as interpreted in Miner v. Galvanotype Engraving Co., 30 Misc. Rep. 200, 61 N. Y. Supp. 1102, the notice of trial should be served before the filing of a note of issue, which “must * * * state the date or the term for which the notice has been given.” The nicety of sequence in events is hardly commanded by the statute, which does not forbid an attorney or his clerk from preparing the two papers on the same day, and carrying both *1011out at the same time for service and filing, although one may by an hour or two anticipate the other, for, provided due and timely information be given, the law, especially in matters of practice, seldom takes account of immaterial fractions of a day, or depends upon casuistical sequences and subsequences. The order should be affirmed.
Order appealed from affirmed, with costs and disbursements. All concur.