The Local Courts' and Municipal Gazette Volume 5

The Local Courts' and Municipal Gazette Volume 5

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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. 1869 edition. Excerpt: ... the new form of summons addressed to the defendant thus: "You are hereby required to appear in the said court on the (the rule requires the clerks to fill in the) eleventh day after the day of service of this summons on you." By this form a party summoned to appear on the 28th May is within its meaning, and is right if he appear on the eleventh day after its service, that is, on the 8th June--at any time in that day--having duly filed his defence or denial within eight days--thus throwing the plaintiff over that court--and depriving him of one day's privilege--perhaps causing the loss of his debt--since the case must necessarily stand for trial at the next sitting of the court, unless the court sits two days. In the after part of the summons it is stated that "in case you give such notice (that is, any notice of defence on such eighth day), disputing the claim, the cause will be tried at the sittings of this court, to be held at (say Toronto), next after the return day first above-named, (which means next after the eleventh day after service). Then on this new form of summons we find a notice endorsed--making in effect the return day thereof to be the eleventh day--and authorising the clerk to sign final judgment on the (say the ninth day), after service, or at any time within a month thereafter, if no defence be filed within eight days. Now this authority of course nullifies the meaning of the second section of the new Act if that section meant by the 'return day," the court day--and abridges the defendant's rights, as the first part of that summons abridges the plaintiffs rights. I should be sorry to set up my judgment against the judgment of the "Board of County Judges," or in any way to question their ability, more

Product details

  • Paperback | 178 pages
  • 189 x 246 x 10mm | 327g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236540204
  • 9781236540201