Reports of Cases Decided in the Court of King's Bench of Upper Canada

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That there was no doubt as to the defendant's right to costs, where the proceedings were so grossly irregular as the present went.
The Chief Justice observed, that he considered the costs upon motions as always in the discretion of the court.
Per Curiam. — Rule absolute with costs.
350 TRINITY TERM, 7 GEO. IV., 1826.
* Doe DEM. DuNLOP v. Rob.
Where it was sworn that the declaration in ejectment was served upon the tenant in possession, the court refused to set it aside upon an affidavit stating
... it to have been served upon a servant or stranger upon the premises. ^ Robert Baldwin moved to set aside the declaration in ejectment in this cause, upon an affidavit stating, that it had only been served upon a servant or some stranger upon the premises, and that there had been no subsequent acknowledgment of its receipt by the tenant in possession.
The Chief Justice observed, that the sheriff had sworn positively to a service upon the tenant in pos- session.
Per Curiam. — Application refused.


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