Reports of Cases Decided in the Court of King's Bench of Upper Canada
The book Reports of Cases Decided in the Court of King's Bench of Upper Canada was written by author Upper Canada. Court of King's Bench Here you can read free online of Reports of Cases Decided in the Court of King's Bench of Upper Canada book, rate and share your impressions in comments. If you don't know what to write, just answer the question: Why is Reports of Cases Decided in the Court of King's Bench of Upper Canada a good or bad book?
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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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