Cases Argued and Determined in the Supreme Court of Nova Scotia Volume 18 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...judge of the district, he did just what I think he should have done, ---he struck at the original defect, ruled that this should have been a. summary suit, that it must be tried as such, and that plaintiff could not protract and magnify his own error by introducing subsequent proceedings which could only be proper in a declaration cause. The pleas he treated as grounds of defence, which they really were, although not called so, and he gave judgment for the defendants on the demurrer, refusing the defendants costs, however, as he properly could do, not only in view of the enactments as to costs in a. summary suit, but because defendants, by calling their grounds of defence pleas, contributed to the error, and because the defendants might, with more regularity and commendation, have raised this point by an application to set aside the declaration or the demurrer, instead of leaving the judge to set the proceedings right when the demurrer came up for argument. As the case now stands it can go to trial and be disposed of in regular course, and the points raised by the demurrer can come before the judge on the trial, --two very simple amendments in point of form being all that can be desired, --although, perhaps, they are now hardly necessary, --to have the writ marked summary and the claim of $100 reduced, and to have the pleas called grounds of defence. These amendments can of course be made at any moment by the judge. I presume that the appeal would not have been taken but for the plaintiffs being advised that the learned judge had erred in treating this as a cause that should be summary, but, now that the appeal is here, there is an attempt to sustain it on the ground that the result arrived at was one which should have been reached in anothe