Reports of Cases Decided in the Court of Appeal Volume 22

Reports of Cases Decided in the Court of Appeal Volume 22

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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. 1895 edition. Excerpt: ... 5th, 1895. The appeal was dismissed with costs, the Court holding that the article in question was a mere combination of old elements. No opinion was expressed as to the other points dealt with in the judgment below. Where a man, having numerous creditors in Ontario, leaves the Province openly to reside in the United States after publicly announcing his intention so to do, without paying his creditors, and after his departure it is found that statements made by him as to property available to pay his debts are false and that nothing is in fact available for that purpose, his arrest upon civil process upon his return to Ontario for a temporary purpose, intending to return to the United States, is justifiable. Judgment of the Queen's Bench Division, 25 O. R. 22, aflirmed. THIS was an appeal by the plaintiff from the judgment Sm'1""'of the Queen's Bench Division, reported 25 O. R. 22. where the facts and arguments are stated, and was argued before HAGARTY, C. J. O., BURTON, OSLER, and MACLENNAN, JJ. A., on the 19th of January, 1895. M. Wilson, Q. C., and E. Bell, for the appellant. Osler, Q. C., and M. Houston, -for the respondent. April 5th, 1895. HAGARTY, C. J. O.: The main charge here is that the defendant by false suggestions or by suppression of truth wrongfully obtained-or procured a judge's order for the plaintif"l"s arrest. The case really seems to have resolved itself into this that the defendant swore that the plaintiff about a year before the application had absconded from Ontario to defraud his creditors. What we have here to regard is whether the order for arrest was obtained by some false or fraudulent statement. If the defendant had confined himself to the statement that the...
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Product details

  • Paperback | 176 pages
  • 189 x 246 x 10mm | 327g
  • United States
  • English
  • black & white illustrations
  • 1236826760
  • 9781236826763