Lower Canada Reports; Decisions Des Tribunaux Du Bas-Canada

Lower Canada Reports; Decisions Des Tribunaux Du Bas-Canada

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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. 1861 edition. Excerpt: ...upon the judges of the Superior Court, and to the number of Courts they have to hold, as well where they reside, as on circuit, a strict adherence to the above rule would in many cases be attended with vexations delays and much additional expense. The legislature have in consequence left this matter to the discretion ol the judges holding the Superior Court; and with the exercise of the discretionary power thus given we cannot interfere. (1) In like manner the granting of an order that all the witnesses shall withdraw (1) See as to exercise of discretionary powers. 6, L. C. R p. 38. except the one under examination, is not, according to the weight cf authority, demandable of strict right. (2) It is true that such an order is rarely refused; but there may be circumstances rendering it inexpedient, or even impossible, to make such an order; and such circumstances may exist without the possibility of their appearing upon the record. This Court therefore cannot say whether there were, or were not, circumstances, in the particular case before us, to justify the learned judge in refusing to make an order for the withdrawal of the witnesses not under examination. Upon the whole, although the case is not free from difficulty, I think the judgment of the Court below ought to be confirmed. Gugy, for appellant. Duggan, W. E., for respondent. No. 1925. SUPERIOR COURT--QUEBEC. Before: --Stuart, Justice. 'quebec Building Society Plaintiffs. vs. Jones, et al Defendants. and Divers Opposants. Held: --That an adjudicatairc claiming a reduction of the price of his adjudication, by reason of a drjaut de conttnonce, must proceed by petition and not by opposition; and he must give notice of his proceedings to all the parties in the cause. Juge: --Qu'unshow more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236749235
  • 9781236749239