Emperor of Russia v. Proskouriakoff, (1908) 42 SCR 226

Supreme Court of Canada

Emperor of Russia v. Proskouriakoff, (1908) 42 S.C.R. 226

Date: 1908-10-07

Emperor of Russia v, Proskouriakoff.

1908: October 6, 7.

Present: Sir Charles Fitzpatrick C.J. and Girouard, Davies, Idington, Maclennan and Duff JJ.

Jurisdiction—Service out of jurisdiction—Attachment—Manitoba King's Bench Rules 201, 202—Non-resident foreigner—Detention of goods pending suit—Substitutional service—Consolidating appeals to Supreme Court of Canada—Questions of practice.

APPEAL from judgments of the Court of Appeal for Manitoba[1] affirming, by equal division of opinion, the judgment of Mathers J.[2], setting aside two orders of the referee in chambers, one for an attachment and the other for substitutional service of the statement of claim.

After the judgment of the Court of Appeal, Richards J.A., in chambers, made an order consolidating the two appeals to the Supreme Court of Canada[3].

MOTION, on behalf of the respondent, was made to quash the appeal for want of jurisdiction. After hearing counsel for the parties the court reserved judgment, and, upon a subsequent day, the motion was granted and the appeal was quashed with costs.

The judgment of the court was delivered by

The Chief Justice.—This is an appeal involving the consideration of questions of practice and procedure and this court has invariably refused to interfere

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in such cases. See Williams v. Leonard[4], per Strong C.J., at page 410; and Green v. George[5], decided by this court on the 13th of November, 1907. The motion is granted with costs.

Appeal quashed with costs.

Chrysler K.C. for the motion.

O'Connor contra.