Green v. George

Green v. George

The Supreme Court dismissed the appeal on the respondent's motion to quash, thereby refusing to overturn the lower courts' handling of the application to set aside the default judgment; the appeal was not entertained and was dismissed with costs.

Citation
(1907) 42 SCR 219
Parties
Appellant: Green; Respondent: George
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 November 1907
Procedural Posture
Appeal / Supreme Court of Canada; Motion to Quash Appeal; Appeal Heard and Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
Setting Aside Default Judgment, Jurisdiction to Hear Appeal, Motion to Quash Appeal
Source Language
English
Civil Procedure Appeal Judgment Setting Aside Default Judgment Jurisdiction to Hear Appeal Motion to Quash Appeal

Case Brief

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Parties

Green

Appellant

George

Respondent

Procedural Posture

Appeal / Supreme Court of Canada; Motion to Quash Appeal; Appeal Heard and Dismissed

Legal Issues

  1. 1 Whether the defendant (Green) was entitled to have a default judgment entered against him set aside and vacated
  2. 2 Whether the appeal to the Supreme Court of Canada should be quashed for lack of proper jurisdiction or procedural grounds

Ratio Decidendi

The Supreme Court dismissed the appeal on the respondent's motion to quash, thereby refusing to overturn the lower courts' handling of the application to set aside the default judgment; the appeal was not entertained and was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs