Ontario Practice Reports Volume 19

Ontario Practice Reports Volume 19

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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. 1901 edition. Excerpt: ...such a bond as the Court was dealing with in the case in 18 P.R., and, therefore, that the practice laid down in that case was inapplicable; and, as to the second point, that Rule 574 had been substantially complied with by filing the affidavit of service of the writ at the time of signing judgment for default of plea, which, it was said, -had been the universal practice ever since the Rule came into force. It is said that the strength of a chain lies in its weakest link, and unless the plaintiffs can make a plausibly sound attack upon both of the grounds on which their judgment has been set aside, it would be useless to interfere, for if only one were demolished, the other would support the judgment, and leave to appeal is not given merely to settle a point of practice the decision of which would not affect the judgment. It appears to me that it would be impossible to argue successfully in support of the regularity of the service of the statement of claim. Rule 574 has not been followed. That Rule provides for this very case: --" Where a. defendant fails to appear the plaintiff before taking proceedings upon default of appearance shall file an aifidavit of service of the writ," etc. Now, the proceeding to be taken in this case upon default of appearance was to (file and) serve the statement of claim, and that service might be effected, the defendant. having been served with the writ and not having appeared, by posting up a copy in the office----Rule 330. That service was a necessary step--a proceeding--and the next proceeding required to be taken after default of appearance, and the Rule expressly prescribes that before it is taken the affidavit of service of the writ shall be filed. I do not agree that the judgment is the next...
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Product details

  • Paperback
  • 189 x 246 x 7mm | 231g
  • United States
  • English
  • black & white illustrations
  • 1236785614
  • 9781236785619