Reports of the Supreme Court of Canada Volume 23

Reports of the Supreme Court of Canada Volume 23

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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: ...of the court of first instance in favour of the plaintiff should be restored. The only real defence to the action urged before us was that the plaintiff's cause of action was estopped and barred by a. judgment rendered in favour 'of the defendant in a former) action at suit of the plaintiff Which, as was contended, operated as resjudicata upon the matter of the present action; but, concurring herein with the learned judge of first instance, I am of opinion that there is nothing in the former action which operates as a bar or estoppel in the present. KING.l.-----I concur in the allowance of this appeal. Appeal allowed with costs. Solicitors for appellant: Henry, Harris 8; Henry. Solicitors for respondent: Lyons & Lyons. (1) 45 N.H. 323. (3) 26 Ind. 415. (2) 8 N.H. 129. (4) See also Smith v. Watson 2 B. & C. 401. 1894 STUART u. Morr. The Chief Justice. OSCAR GUYON DIT LEMOINE et al. APPELLANTS; AND T115? Y1' E8l'f;'..?.1i Ti'?.9T.'Y RESPONDENT" ANDREW ALLAN et al.......................APPELLANTS. AND THE MAYOR, &o., or THE CITY OF MONTREAL........................ RESPONDEN" ON APPEAL FROM THE COURT OF QUEEN'S BENCH FOR LOWER CANADA (APPEAL SIDE). Expropriation-35 Vic. ch. 32, sec. 7 (P.Q.)--Interfe'rence with award of a.rb'itrators. In a matter of expropriation the decision of a majority of 'arbitrators, men of more than ordinary business experience, upon a question merely of value should not be interfered with on appeal. APPEAL from the judgments of the Court of Queen's Bench for Lower Canada (appeal side). The facts and pleadings are fully stated in the judgment of Mr. Justice Taschereau hereinafter given. The following is more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236948378
  • 9781236948373