The British Columbia Reports Volume 13

The British Columbia Reports Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: directed, inter alia_ that the place of trial be at Nelson. After the close of the pleadings, defendants moved to fix the place of trial at F ernie. Statement W. A. Macdonald, K.(J., in support of the application. S. S. Taylor, K.C., contra: An order for directions has been taken out, duly entered and not appealed from, and is therefore Argument final. This order fixes the venue. Our rule as to trial and venue is different from the English rule. See marginal rule 425. See also the note to that rule in (1905), Y.P., p. 396. CLEMENT, J.: The order of FORIN. Co. J., standing, this Judgment application must fail. No case is set up of changed conditions, so that I need express no opinion as to the inherent jurisdiction of the Court _to change the place of trial should such a change of conditions occur after the making of the first order. Application dismissed. WATT V. WATT. Div0rce--Jurisdich'0n--Supreme Court--Dirorce and Matrimonial Causes Act, 1857 (Imperial)--How far in force in British C0lumbia--Stare decisis. (1.) The Divorce and Matrimonial Causes Act, 1857 (Imperial), is not in force in British Columbia, and the Supreme Court of British Columbia has no jurisdiction to grant a divorce a vinculo. (2.) The decision in S--v. S--(1877), 1 B.C. (Pt. 1) 25, not being the decision of an appellate tribunal, nor of the Supreme Court sitting in bane, is not technically binding on the Court, even when constituted of a single judge. (3.) The view taken by Baesn-1, C.J., in S----v. S--, supra, adopted in preference to that of the other members of the Court (Cnsass and GRAY, JJ.) (4.) The rule stare decisis does not apply, more particularly as the question is one of jurisdiction. Semble, if the Court has jurisdiction it may be exercised by more

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  • Paperback | 194 pages
  • 189 x 246 x 10mm | 354g
  • United States
  • English
  • black & white illustrations
  • 1236860330
  • 9781236860330