Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia Volume 6

Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia Volume 6

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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. 1873 edition. Excerpt: ...attorney, None of the cases go so far as this, where the attorney was hunted into Court by the client and his associate counsel two or three hours before the case was called, and he himself saw the state of the docket. If the attorney was notified nearly three hours before the case was called, and took no action for an hour or two afterwards, surely there was gross negligence. YoUNG, C. J. Even admitting all that you say, the modern cases do not go the length of punishing the Attorney by the act of the Court. The case in-3 Taunt. 484, has been over-ruled. Do you not think that, in common justice to the Bar, the Court should not impose costs on the attorney, unless there is a clear, unequivocal case against him? DoDD, J. The Courts will not decide a case where the aflidavits are conflicting, but will leave the parties to a jury. In 3 Dowl. 798, -the plaintiff's attorney was compelled to pay costs on account of the plaintiff being non-suited through the neglect of his clerk. (Cites 8 Bing. 144, 5 Bing. N. 0., 112; 29 Eng. Law (E Eq. Rep. 306; 11 ditto, 420.) I rely on the point that had defendant's witnesses been in Court a verdict could not have been rendered against her. In 3 Taunt. 484, a cause was tried as an undefended cause from the neglect of the defendant's attorney, and a new trial was granted, he paying the costs out of his own pocket as between attorney and client. (Solicitor General. A case in which the defendant's counsel has addressed the jury is not an undefended case.) Cites 7 M. ct: W. 143. Solicitor General cites as to aflidavits not referred to in a rule not being allowed to be read at the argument, 2 Oh. Arch. Q. B. Practice, 10th ed. 1510-1522, and 1 Q. B. 315. Our. adv. cult. YoUNG, C. J. now...show more

Product details

  • Paperback | 132 pages
  • 189 x 246 x 7mm | 249g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236920511
  • 9781236920515