Cases Argued and Determined in the Supreme Court of Nova Scotia 1877-1879

Cases Argued and Determined in the Supreme Court of Nova Scotia 1877-1879

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: the cause, and was therefore disqualified from acting in the matter. Ritchie, E. J., on the reading of the papers, explained that he had been consulted in reference to the suit by the original plaintiff, but had taken no part in the matter otherwise, that he had mentioned this fact to the parties. and had refused at first to have anything to do with the cause, but afterwards, finding it almost impossible otherwise for the suit to be advanced, he had told Mr. Wallace that he would sign any merely formal order in the cause. Mr. Wallace, he thought, had obtained an order from him in the cause with this understanding, and in granting the order he had said to Mr. Wallace, " I will give you this order, but you must expect that I will give orders to the other side as well." Wallace, -for appeal.--The 6th clause of the Equity Act, R. S., ch. 95, prevents the present Equity Judge from exercising jurisdiction in this cause, because he was professionally concerned in it. 1 Knapp's Ap. Cases, 376. Ritchik, E. J.--I shall be glad if my brethren come to the conclusion that I cannot act in this cause. That is really the only point here. Bligh, contra.--The whole question here is one of practice. The order to appoint an examiner is a matter of practice, and no appeal from it lies. From Daniel's Ch. Pr., 1462, it would seem as if every interlocutory order was a matter of practice. As to the jurisdiction of the Equity.Judge here, see 7 F. of L. Case 429. Ritchie, E. J.--The question on which we would like to see cases is, whether the fact of Mr. Wallace having taken orders from the Equity Judge gives jurisdiction by waiver or otherwise. Johnatone, Q. C.--Mr. Wallace is estopped from raising this point, having altered our position by himself taking more

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  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236665805
  • 9781236665805