Ontario Reports Volume 8

Ontario Reports Volume 8

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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. 1904 edition. Excerpt: ...orders appealed from discharged, and for them an order should be substituted staying until further order all proceedings in the second action and requiring the plaintifis in the first action to give the undertaking which I have mentioned, and to stay their action until it is given; and the costs of the motion to the Master in Chambers and of the appeal from it t0 the learned Chief Justice, and of this appeal, should be costs in the cause to the successful party. In the event of the persons for whose benefit the Second action is brought failing to establish their claims, they should have no costs; and, in the event of their succeeding, unless the Judge at the trial otherwise orders, their costs, including the costs of the action, should be borne by the appellants. The appellants also, as a condition of the relief which 0111' order will give them, must give a similar undertaking t0 that which has been required of the plaintiffs in the first action. It may be that what I desire to accomplish by the order I would make might be as well if not better attained by an order adding the plaintiff in the second action and her infant child-as parties defendants to the first action; staying the second actloll and providing that the question whether the plaintiff in the second action is the widow of the deceased and her infant daughter his lawful child, should be tried before the other issues in the action, though not necessarily at a different timeBefore the Judicature Act such an order was a common enough proceeding in the Court of Chancery, though it W115 3" impossible one to be made in a common law court, but since the Act it is diflicult to see any good reason why the former Chancery procedure should not be made use of in such a case as this....show more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236872509
  • 9781236872500