Page images
PDF
EPUB
[blocks in formation]

Lawrence v. Walmsley, 12
C. B. N. S. 199, followed 533
See PRINCIPAL AND SURETY.
Lichfield Division Case, 5
O'M. & H. 34, distin-
guished ..

See ELECTIONS, 1.

London, Chatham & Dover Railway Co. V. South Eastern Railway Co., [1892] 1 Ch. 120, followed

See CONTRACT, 5.

Magurn v. Magurn, 12 P. R. 570, followed.

See MECHANICS' LIENS, 1.

Massey & Gibson, Re, 7 M. R. 172, followed

479

228

126

20

[blocks in formation]
[blocks in formation]
[blocks in formation]

590

[blocks in formation]
[blocks in formation]
[blocks in formation]

in

CHOSE IN ACTION.

See CORPORATION.

CONDITIONAL SALE.
See CONTRACT, 1.

CONFESSIONS.

See CRIMINAL LAW, 3.

CONFLICT OF LAWS.

poration and a temporary re-
ceiver of all its assets appointed
before the
the commencement of
the action here, in which a gar-
nishing order had been made at-
taching such debt, it was held
that such debt had ceased to be
an asset in Manitoba such as
would confer jurisdiction on the
Court in the action under the
above mentioned Rule and that
the action should be dismissed
with costs.

It is an established principle of English law that the attachment or assignment by involuntary proceedings under the bankruptcy laws of a foreign. country in which a bankrupt is Foreign bankrupt Assets domiciled affects or transfers Manitoba of foreign the title to his purely personal bankrupt Garnishment-property in England unless the Queen's Bench Act, 1895, Rule rights of citizens under some 196 (h).]-A debt owing by a special statute are prejudicially resident of this Province to a affected; and such principle foreign corporation, though should be adopted here. payable at its place of business In In re Oriental Steam Co., in a foreign state, is nevertheless (1874) L. R. 9 Ch. 557; Sill v. an asset of such corporation in Worswick, (1791) 1 H. Bl. 665. Manitoba within the meaning of followed. Rule 196 (h) of The Queen's Bench Act, 1895, as added to by 61 Vic., c. 13, so as to give the Court jurisdiction to entertain an action which could not otherwise be brought in this Province.

Held, also, that, at the commencement of the action, the company had not assets in Manitoba which might be rendered liable to any judgment to be recovered, because the debt attached was not one which the Blackwood V. The Queen, defendant could properly at that (1882) 8 A. C. 82; The Com-time, and without violating the missioner of Stamps v. Hope. rights of others, deal with: [1891] A. C. 476; and In re Roberts v. Death, (1881) 8 Q. Maudslay, [1900] 1 Ch. 602, B. D. 319; Badeley v. The Confollowed. solidated Bank, (1888) 38 Ch.

But when proceedings in D. 238; and Bertrand v. Heabankruptcy had been com-man, (1895) 11 M. R., at p. 208. menced against the foreign cor- followed. Brand v. Green.101

« PreviousContinue »