Donohue v. Donohue

Donohue v. Donohue

The Supreme Court lacked jurisdiction because the only live controversy on appeal was the non-appealable removal of executors and the appellant had acquiesced in the Superior Court's refusal of an account by not appealing that part of the judgment; therefore the appeal must be quashed.

Citation
(1903) 33 SCR 134
Parties
Appellant / Plaintiff: Mary Donohue et vir; Respondent / Defendant: Ann Donohue et al. ès qualité
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 February 1903
Procedural Posture
Civil Appeal / Motion to Quash for Want of Jurisdiction Heard by Supreme Court on Appeal From Court of King's Bench (quebec)
Outcome
Appeal quashed for want of jurisdiction
Legal Topics
Removal of Executors, Acquiescence by Failure to Appeal, Matter in Controversy, Right of Appeal, Statutory Amount in Controversy
Source Language
English
Appeal Estates and Executors Civil Procedure Jurisdiction Removal of Executors Acquiescence by Failure to Appeal Matter in Controversy Right of Appeal +1 more

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Parties

Mary Donohue et vir

Appellant / Plaintiff

Ann Donohue et al. ès qualité

Respondent / Defendant

Procedural Posture

Civil Appeal / Motion to Quash for Want of Jurisdiction Heard by Supreme Court on Appeal From Court of King's Bench (quebec)

Legal Issues

  1. 1 Whether the Supreme Court of Canada has jurisdiction to entertain an appeal when the only matter in controversy is the removal of executors
  2. 2 Whether failure to appeal part of a trial judgment (refusal of account) constitutes acquiescence removing jurisdiction
  3. 3 Whether an amount in controversy exists to vest appellate jurisdiction

Ratio Decidendi

The Supreme Court lacked jurisdiction because the only live controversy on appeal was the non-appealable removal of executors and the appellant had acquiesced in the Superior Court's refusal of an account by not appealing that part of the judgment; therefore the appeal must be quashed.

Court Disposition

Appeal quashed for want of jurisdiction

Orders

  • Appeal quashed with costs