Jones v. Tuck

Jones v. Tuck

The Court held the motion belonged on the special paper and the court below should have exercised its discretion whether to admit affidavits in reply under s.173; because that discretion was not properly exercised and the merits were not fully adjudicated, the appeal is allowed and the cause is remitted for hearing on the merits by the Supreme Court of New Brunswick.

Citation
(1884) 11 SCR 197
Parties
Plaintiff/appellant: Thomas R. Jones; Plaintiff/appellant: Robert T. A. Scott; Plaintiff/appellant: Norman Robertson; Defendant/respondent: William H. Tuck
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 June 1884
Procedural Posture
Appeal From Supreme Court of New Brunswick / Hearing on Appeal to the Supreme Court of Canada
Outcome
Appeal allowed; judgment of Supreme Court of New Brunswick set aside to the extent necessary
Legal Topics
Motion Practice, Affidavits in Reply, Stay of Proceedings, New Trial, Reference to Arbitration
Source Language
English
Arbitration Civil Procedure Motion Practice Affidavits in Reply Stay of Proceedings New Trial Reference to Arbitration

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas R. Jones

Plaintiff/appellant

Robert T. A. Scott

Plaintiff/appellant

Norman Robertson

Plaintiff/appellant

William H. Tuck

Defendant/respondent

Procedural Posture

Appeal From Supreme Court of New Brunswick / Hearing on Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether plaintiffs could abandon part of a judge's ex parte order and proceed on the special paper
  2. 2 Whether the court below erred in refusing leave to file affidavits in reply under Consolidated Statutes N.B. ch.37 s.173
  3. 3 Whether an appellate court should interfere with a lower court's exercise of discretion on matters of practice

Ratio Decidendi

The Court held the motion belonged on the special paper and the court below should have exercised its discretion whether to admit affidavits in reply under s.173; because that discretion was not properly exercised and the merits were not fully adjudicated, the appeal is allowed and the cause is remitted for hearing on the merits by the Supreme Court of New Brunswick.

Court Disposition

Appeal allowed; judgment of Supreme Court of New Brunswick set aside to the extent necessary

Orders

  • Appeal allowed
  • Cause remitted to the Supreme Court of New Brunswick to be heard on the merits