Supreme Court of Canada
Mathieu v. Mathieu, [1926] S.C.R. 598
Date: 1926-05-04
Mathieu v. Mathieu
1926: February 22; 1926: May 4.
Present: Anglin C.J.C. and Idington, Duff, Mignault, Newcombe and Rinfret JJ.
Account—Testamentary executor—Statement as to
revenues—Art. 918 C.C.—Appeal—Jurisdiction—Costs
APPEAL from the decision
of the Court of King’s Bench, appeal side, province of Quebec, affirming the judgment of the trial judge,
Mercier J., which maintained the respondent’s action.
The appellant, as testamentary executor of
the estate of one Urgel Mathieu, had been condemned by both courts to render an
account to the respondent.
Upon the appeal to the Supreme Court of
Canada being called for hearing, the appellant’s counsel was heard merely on a
question of jurisdiction raised by the court as to whether the sum of $2,000
was involved in the appeal.
After hearing respondents counsel, the court
declared that, as then constituted, the court would decline jurisdiction to
hear the appeal; but as a matter of indulgence, the hearing of the appeal was
postponed and appellant was given permission to ask special leave to appeal to
this court from the appellate court. If the appellant failed to obtain same,
the appeal should be further spoken to. In the meantime, the appeal should
stand on the list.
At a subsequent date, upon the respondent’s
counsel moving to dispose of the costs of the appeal owing to the refusal of
the appellate court to grant special leave to appeal, the Supreme Court of
Canada ordered that the appeal be dismissed with the costs of a motion to
quash, holding that the parties were equally in default in not having the
question of the court’s jurisdiction determined at an early date: the appellant
might have moved to affirm jurisdiction while the respondent might have moved
to quash the appeal.
Appeal dismissed.
P. St. Germain K.C. for the appellant.
C. Laurendeau K.C. and J. Desmarais K.C.
for the respondent.
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