The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 32

Cover The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 32
The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 32
Ontario. High Court of Justice
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If the defendant had insisted upon it, I suppose the plaintiff* would have been required to serve the summons over again and to give him (the defendant) an opportunity to answer as he might have done had the summons been originally endorsed with the claim in the amended form.
But where, as appears here, the defendant does not object to the amendment but proceeds to answer the claim, and the trial proceeds and the judge finds the facts so as to Digitized by VjOOQIC XXXII.] SEBERT V. HODGSON.
159
... shew jurisdiction, and the judgment as entered is within the jurisdiction of the court, I do not think that prohibi- tion should be granted.
Of course I do not pass upon the evidence to say whether the finding was right. Looking at the facts as shewn upon the material before me, the justice of the case is clearly with the plaintiff, and the defendant is most unconscionably seeking to retain money to which he has no right.
The motion must be dismissed with costs.
A. H. F. L.
Judgment.
Rose, J.
Sale v.


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