Ontario Weekly Reporter And Index-Digest

Cover Ontario Weekly Reporter And Index-Digest
Ontario Weekly Reporter And Index-Digest
Ontario
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I do so to mark my disapproval of the affi- davit of plaintiffs* solicitor, on two grounds. First, because it was laid down as long ago as Hood v. Cronkrite, 4 P. R.
279, by Draper, C.J., that affidavits on these motions should be made by the party, and not by his solicitor, who can speak only from his client's instructions. This case has been fol- lowed within the last year, as will be seen by reference to p.
443 of 38 C. L. J., already referred to. The other ground is the objectionable charac
...ter of the affidavit. T do not think that a solicitor is warranted before the trial of an action in speaking of " this action as one of five all arising out of the same fraudulent conspiracy between the defendant and others for the purpose of extorting money out of the plaintiff and others by means of an agreement alleged by defendant to have been signed by plaintiff." May 18th, 1903.
DIVISIONAL COURT.
HEFFERXAX v. TOWN OF WALKERTOX.
Municipal Corporations — By-law — Payment to Mayor — Procedure at Meeting of Council — Reference to Committee of Whole— Injunction —Discretion.


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