The British Columbia Reports Volume 9

The British Columbia Reports Volume 9

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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. 1904 edition. Excerpt: ... in reply: Although the salary is not assignable, still if a receiver were appointed the Government might pay the salary to the receiver. If the plaintiff can't get a receiver of the salary that is all the more reason that the Court should assist him in getting the ordinary accounts. HUNTER, C.J.: We are all agreed that there should be no receiver as to the salary payable by the Dominion Government. Personally, I am of the opinion that the appeal substantially fails, as I am satisfied that an application for a receiver would never have been made had it not been for the Government appointment held by the defendant, as the plaintiff in his afiida-HUNTER! "" vit says the amount of the general accounts is very small, and therefore I think the appeal should be dismissed with costs, but I yield to my brother DRAKE'S view as to the disposition of the costs. WALKEM, J.: It would be futile to make an order giving a receiver any power over the defendant's income, for the latter has no power to dispose of it by any order on the Government. As to the ordinary partnership accounts a receiver should be WALKEM, Jappointed. There should be no order as to costs. FULL COURT DRAKE, J.: The appeal should be allowed as to the ordinary E( partnership accounts. There should be no receiver of the July 11_ defendant's salary from the Dominion Government. As to the HUNTER' costs of the appeal I am in favour of leaving that question to the-_' ' 'trial Judge who will ascertain the facts which are so much in Oct' 7;_dispute here, and if the defendant has, as alleged, made away (Jam: with partnership funds he can be made to suffer for it by paying M ACDISN Au, costs. This is a case which should have been brought in...
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Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • United States
  • English
  • black & white illustrations
  • 1236936604
  • 9781236936608