The Weekly Reporter, Appellate High Court Volume 21 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 Excerpt: ...by the 15th section of the High Courts Act, to annul or reverse the decisions of Courts subject to its appellate jurisdiction, where the Court considers that there is a want of jurisdiction, or the jurisdiction has been exceeded. If the Court, when it made the order of the iilhof March, had simply exercised the power of annulling or reversing the order of the Subordinate Judge, the case would have gone back to him; and it would follow from the decision of this Court that he would have confirmed the sale. His order confirming the sale would have been subject to an appeal to this Court, and the order of this Court, assuming that the subject-matter was of the appealable value, would have been subject to an appeal to Her Majesty in Council. Instead of this course being adopted, the present appellant took a rule calling upon the opposite party to show cause why, not only the order of the Subordinate Judge should be reversed, but why the sale should not be confirmed, and allowed that rule to be made absolute. In fact, the position which he takes is that, while he seeks fb have the benefit of the order of this Court confirming the sale, he contends that, there can be no appeal to Her Majesty in Council from it, as it was not made byihe High Court on appeal within the meaning of the clause in the Charter which gives this appeal. We think that havmg as it were asked the Court to make the order confirming the sale, he cannot now be allowed to say that it was not an order made on appeal by this Court. It was only by this Court acting as on an appeal to it that such an order could be made. By the appellant's own act and consent, a procedure has been adopted in which this Court has, as a Court of appeal, confirmed the sale without the intermediate step being taken of se...