Morin v. Walter

Morin v. Walter

Payment of costs effected under threat of execution is not a voluntary act indicating acquiescence in the judgment and therefore does not bar the appellant's right of appeal; the motion to quash must be dismissed with costs.

Citation
[1923] SCR 678
Parties
Appellant / Plaintiff: Joseph L. Morin; Respondent / Defendant: Herman Walter
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 October 1923
Procedural Posture
Appeal / Motion to Quash Appeal (decision on Whether Payment of Costs Constituted Acquiescence)
Outcome
Motion to quash dismissed with costs; appellant's right to appeal preserved.
Legal Topics
Acquiescence, Payment Under Threat, Right of Appeal, Threat of Execution
Source Language
English
Civil Procedure Appeal Costs Execution Acquiescence Payment Under Threat Right of Appeal Threat of Execution

Case Brief

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Parties

Joseph L. Morin

Appellant / Plaintiff

Herman Walter

Respondent / Defendant

Procedural Posture

Appeal / Motion to Quash Appeal (decision on Whether Payment of Costs Constituted Acquiescence)

Legal Issues

  1. 1 Whether payment of court-awarded costs made under threat of execution constitutes acquiescence in the judgment and thereby bars the right of appeal

Ratio Decidendi

Payment of costs effected under threat of execution is not a voluntary act indicating acquiescence in the judgment and therefore does not bar the appellant's right of appeal; the motion to quash must be dismissed with costs.

Court Disposition

Motion to quash dismissed with costs; appellant's right to appeal preserved.

Orders

  • Motion to quash dismissed with costs.
  • Appellant's payment of costs under threat does not bar the appeal; appeal may proceed.