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White v. Greenwood (Shelburne Election Case)

(1891) 20 SCR 169 Court SCC Decision date 1891-11-03 English

Contents
N. S.
ANNAPOLIS,
N. S. LUNEN- BURG, N. v. ANTI- GONISH, N. (THoMPsoN v. PICTOU, N. INVER- NESS, N. S.
In all these cases 'the appeals were from the decisions of the courts below dismissing preliminary objections to the election petitions presented against the appellants.
The questions raised on these appeals were also, 1st, Whether a personal service on the respondent at Ottawa without or with an order of the court at Halifax, or at his domicile, is a good service. 2nd, Whether the payment of the security required by sec. (e) into the hands of a person who was discharging the duties of and acting for the prothonotary at Halifax, and a receipt signed by said person in the prothonotary's name-sec. (g) were valid.
The court following the conclusion arrived at in (P.E.I.) Election Cases held the service and payment of security valid and a substantial compliance with the requirements of the statute.
Appeals dismissed with costs. McCarthy Q.C. and J. Ritchie for appellants E. T Congdon for respondents.
:-Sir VOL. XX.]