Majority
Appeal from Court of Review-Jurisdiction-Amount in controversy- JUSTICE.-Apparently a nice question of jurisdiction arises in this case.
Judgment of the Court
The conclusion of the declaration is:- Articles 68 (3) and 69 of the Code of Civil Procedure give an appeal from the Court of Review to the Privy Council in every case
In the case of Dufresne v. Guduremont(1), the declaration seems to have concluded with much the same language, viz.-the plaintiff sued, on the 26th December, 1893, for $2,150 with interest at 8% per annum from date of action till paid, with costs. The Supreme Court held that the claim as set out in the declaration was only for $2,150 and that although the interest was claimed in the declaration it could not be looked at for the purpose of considering whether the amount claimed was more than £500.
The appellants here urge that we must add -to the amount claimed in the conclusions of the declaration the fee on the notice of action served on the company and the bailiff's charges for making. the service. But, as both these items are included in the costs taxable as between party and party, we do not think they can be considered in determining whether or not the amount claimed is within the appealable limit. The motion to quash is granted.
Appeal quashed with costs.