a consent to the reversal of the judgment appealed from without costs, admitting that the objection was well taken.
Upon the filing of an affidavit, as to the facts stated in the respondent's consent, the appeal was allowed and the election petition dismissed without costs. R. S. C. ch. 135 sec. 52.
In the Bagot Case, Ferguson Q.C. for appellant. Belcourt for respondent.
In the Rouville Case, Belcourt for appellant.
Code for the respondent.
CONTROVERTED ELECTION FOR THE ELEC- TORAL DISTRICT OF L'ASSOMPTION. *ayo. JOSEPH GAUTHIER ALBERT BRIEN APPEAL from the decision of the Superior Court for Lower Canada.
By a judgment of the Superior Court in the Controverted Election for the Electoral District of L'Assomption, the appellant was unseated by reason of corrupt acts committed by agents, and upon an appeal being taken by him to the Supreme Court the case was inscribed for hearing for the. sessions for 1892. When the appeal was called, no one appearing for the % appellant, counsel for respondent stated that he had been served by appellant's solicitor with a notice of discontinuance, and the Supreme Court ordered that the appeal be struck off the list of appeals.
The notice of discontinuance having been filed in the registrar's office, the registrar certified to the Speaker of the House of Commons that by reason such discontinuance the decision of the trial judges and their report, were and are left unaffected by the proceedings taken in the Supreme Court. The Speaker subsequently issued a new writ for the Electoral District of L'Assomption.
Appeal discontinued. Code for respondent.
SCOTT v. THE BANK OF NEW BRUNSWICK. APPEAL from a decision of the Supreme Court of New Brunswick setting aside a verdict for the plaintiff and ordering a new trial.
The action was brought to recover from the Bank of New Brunswick the amount of a special deposit by'the plaintiff, and the defence was that such amount bad been already paid to an agent of the plaintiff who had endorsed plaintiff's name upon and given up the deposit receipt.
As against this defence it was contended that no such authority was given to the agent and that plaintiff's name had been forged on the receipt. The jury found the facts in favour of this contention, and plaintiff obtained a verdict which was set aside by the full court and a new trial ordered. Plaintiff sought to appeal.
SgT The court held that a new trial having been ordered to try certain questions of fact in the case, such order should not be interfered with by an appellate court. Palmer Q.C. for appellant.
Barker Q.O. for respondent.
Appeal dismissed with cbsts. THE CORPORATION OF THE TOWN OF LEVIS THE QUEEN.
APPEAL from the decision of the Exchequer Court of Canada assessing the compensation to be paid to the appellants at $6,966 for land taken at L~vis for the use of the Intercolonial Railway.
On appeal the Supreme Court held that it would not interfere with the award of the Judge of the Exchequer Court as to the value of land expropriated for railway purposes, where there is evidence to support his finding and such finding is not clearly erroneous.
Appeal dismissed with costs. Bethune Q.C. for appellants.
Angers Q.C. for respondent.
JOHN IRA FLATT, et al.
F. F. FERLAND, et al.
APPEAL from a decision of the Court of Queen's Bench for Lower Canada (appeal side).
In December, 1889, F. F. Ferland, a trader, sold to Gauthier one of the respondents, certain real estate in Montreal which was mortgaged for $7,000, for $8,000 with a right of remird for one year.
In January, 1890, F. F. Ferland made an assignment and Ira Flatt et al. creditors of Ferland in the sum of $1,880 brought an action against Gauthier to have the deed of sale of the property which was valued at over $11,000 set aside as made in fraud his creditors.
G. pleaded that he was willing to return the property upon payment of the sum $1,000 which he had advanced to F., and the courts below dismissed F. et action.
On appeal to the Supreme Court of Canada :
The court held that as the appellants' claim was under $2,000 and that they did not represent Ferland's creditors, the amount in controversy was insufficient to make the case appealable. R. C. ch. 135 s. 29. Appeal quashed with costs. Brosseau for appellants.
Belcourt for respondents.
Statutes and regulations cited
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Unresolved citations
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