Ontario Reports Volume 13

Ontario Reports Volume 13

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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. 1907 edition. Excerpt: ... standpoint of the plaintiffs' claim, which is substantially to prevent the defendants trespassing upon their land. They make no sort of claim in respect of any right which they have, or claim, in common with the rest of the public. And why may they not prevent any individual, or corporation, committing a trespass upon their private property, whatever may be the nature of the defence which may be set up? A judgment against the defendants will bind the defendants only; if all rights in public ways are not vested in them, such a judgment would not prevent any one of the public taking the proper steps to enforce public rights, or to punish any criminal interference with them; whilst, if all rights were vested in the 'de fendants, the Attomey-General would be an improper party to the action. C. A. 1907 Macooma Town OF WELLAND. Meredith, J.A. Notwithstanding the clear admission of the plaintiffs' title made in the defendants' pleadings, and the fact thatwhat the parties, naturally, and very properly, desired, was really a determination of the substantial question of dedication, or no dedication, it is now sought to withdraw the admission in regard to the title of one of the plaintiffs only, and to defeat the action, so far as he is concemed, on the ground that his paper title is not perfect. Why should that be done, when it would leave the substantial question yet to be solved in regard to the other plaintiff? It is the same way, at the same place; so what object, except so far as costs are concerned, in now limiting the judgment of the Court, whichever way it may go, to one part, and not deal with the other in form, hough in substance and in fact doing so? I would leave the parties just where they very sensibly put...
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Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236755642
  • 9781236755643