The Manitoba Reports (Volume 1)

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.1884 Excerpt: ... payable there, and did pay it there, the money became payable there, and was rightly paid there, the plaintiffs rule was therefore discharged. This seems to me an analogous case, and that I should therefore decide this present application in favour of the Bank. I have read the regulations printed at the beginning of the pass book issued to the depositor, but I do not think they contain anything which affects the question. When the application was made nothing was said as to costs, but the Bank is entitled to have the summons discharged' with costs. GAULT v. McNABB. (in Chambers.) Foreign Judgment--Striking out Pleas disposed of in original action. Action upon a judgment obtained in Ontario for goods sold and delivered to a firm of which defendant was a member. The defendant defended the original action upon the ground that prior to the sale of the goods the defendant had left the firm and had so notified the plaintiff. After a verdict had been entered for the plaintiff the defendant moved in Term for a new trial, upon the ground that the verdict was against law and evidence and the weight of evidence, but his motion was refused and judgment was entered for the plaintiff. In the present action the defendant pleaded the same defence. On motion to strike out the pleas, upon the ground that they delayed and embarrassed the plaintiff, Held, that the pleas should be struck out, and the plaintiff permitted to sign judgment. Ewart, for the plaintiff. The pleas are said to be justified by Con. Stat. c. 31, s. 28. The court will not so hold unless compelled to do so. In construing a statute the court will never give it a meaning which it believes the Legislature could not have had in contemplation. Re Goodhue, 19 Gr. 366. Every civilized country respects the judgmen...