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Cassels v. Burns

(1887) 14 SCR 256 Court SCC Decision date 1887-05-03 English

Contents
John and that had the ship gone to Sidney or Port Hawkesbury the repairs could have been made in time B.
to enable her to carry out her contract.
She put it out of her power to do that and I therefore think the court Ritchie Cbelow was right upon the law and upon the facts as found by the jury.
Solicitor for appellant: C. N. Skinner.
Solicitors for respondent: Harrison 4- Rand. DOMINION
CONTROVERTED
ELECTION *Ot.27,28.
ELECTORAL DISTRICT OF SBELBURNE. THOMAS ROBERTSON.............APPELLANT JOHN WIMBURN LAURIE, et al........RESPONDENTS. ON APPEAL FROM THE SUPREME COURT OF NOVA SCOTIA. Election Petition-Service of Copy -Extension of time-Discretion of Judge-R. S. C. ch. 9, see. 10.
An order extending time for service of an election petition filed at Halifax from five days to fifteen days, on the ground that the respondent was at Ottawa, is a proper order for the judge to make in the exercise of his discretion under section 10 of ch. 9, R. S. C.
Semble, per Ritchie C.J. and Henry J., that the court below had power to make rules for the service of an election petition out of the jurisdiction.
Per Strong J-An extremely strong case should be shown to induce the court to allow an appeal from the judgment of the court below on preliminary objections.
APPEAL from the decision of the Supreme Court of Nova Scotia, overruling certain preliminary objections presented by the appellant against an election petition filed against the appellant by the respondents.
The petitioner Laurie was a candidate at the election, 'PRESENT-Sir W.
[VOL. XIV.'

Statutes and regulations cited

  • Unresolved citations
    • section 10