Majority
%May 6. AND
LA BANQUE NATIONALE (PLAIN- RESPONDENT. TIFF)
.
AND
FRANCOIS-XAVIER BILODEAU.....Mis EN CAUSE. ON APPEAL FROM THE COURT OF KING'S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC.
Judgment of the Court
:-Sir Elz~ar Taschereau C.J. and Sedgewick, Girouard, Davies and Mills JJ.
34.3 The JUSTICE.-This case comes up on a motion to quash the appeal.
By a judgment of the Court of King's Bench, affirming a judgment of the Superior Court, the appellant, 'who had made judicial abandonment for the benefit of his creditors, was found guilty of having, in his statement filed in court, secreted a portion of his property, to the value of at least $6,000, within the year preceeding his abandonment and statement, under art. 885, subsec. of the Code of Civil Procedure, and he was condemned, under art. 888 of that Code, to three months' imprisonment.
He appeals from that judgment and rests his right to appeal exclusively upon the ground that the matter in controversy amounts to $2,000.
Now there is clearly no amount in controversy here. There is no condemnation for any pecuniary amount against the appellant.
Under subsection one of said article 885, the judgment would have been the same irrespective of the pecuniary amount, provided it amounted to at least one hundred dollars and, under subsection 3, no amount is fixed. Any secretion ofproperty, within the year preceding, however small the amount of it, renders the debtor liable to the penalty provided for in article 885, sub-sec.
and article 888 C P. Q.
Motion to quash allowed with costs and appeal quashed with costs.
Appeal quashed with costs.