 | Ontario. High Court of Justice - 1883 - 750 Seiten
...order, he was competent to try, assumes that, having general jurisdiction over the subject matter, he properly entered upon the inquiry, but miscarried...question which the Judge was competent to decide." It was also contended that inasmuch as the Court of General Sessions of the Peace had amended the conviction... | |
 | Ontario. High Court of Justice - 1883 - 752 Seiten
...Court by affidavit, are extrinsic to the adjudication impeached. But an objection that a Judge has erroneously found a fact which, though essential to the validity of his orderj he was competent to try, assumes that, having general jurisdiction over the subject matter,... | |
 | Ontario. High Court of Justice - 1884 - 832 Seiten
...assumes that, having general jurisdiction over the subject matter, he properly entered upon the enquiry, but miscarried in the course of it. The Superior Court...question which the Judge was competent to decide. Accordingly, the authorities, of which Regina v. Bo/ton, 1 QB 66, and Regina v. St. Olave, 8 E. & B.... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1886 - 846 Seiten
...Court by affidavit, are extrinsic to the adjudication impeached. But an objection that the Judge has erroneously found a fact, which, though essential...question which the Judge was competent to decide. Accordingly, the authorities, of which Reg. \. Bolton, 1 QB 66, and Reg. v. St. Olave, 8 E. & B. 528,... | |
 | Charles Collett - 1886 - 526 Seiten
...that the Judge has erroneously found a fact which, though essentiul to the validity of his decision, he was competent to try, assumes that, having general...properly entered upon the inquiry, but miscarried in the courae of it. Another Court cannot investigate such an objection without assuming the position of a... | |
 | 1895 - 862 Seiten
...Wiilan, LR 5 PC 417, at p. 443, Sir James Colvile thus puts it : " But an objection that the Judge has erroneously found a fact which, though essential to...question which the Judge was competent to decide." See also the cases cited in Regina v. Graingrr, 46 UCR 382. For this reason we think the motion must... | |
 | James Grattan Eagleson, William Alexander Sanderson, Bernard O'Dowd - 1897 - 344 Seiten
...fraud in the party procuring it. Such ¡in order cannot be impeached on the ground that the judge has erroneously found a fact which, though essential to...the validity of his order, he was competent to try ; and when the objection is one of fraud the fraud must be clear and manifest. Colonial Bank v. Wit/an,... | |
 | 1905 - 620 Seiten
...court by affidavit, are extrinsic to the adjudication impeached. But an" objection that the judge has erroneously found a fact which, though essential to...question which the judge was competent to decide: Colonial Bank v. Willan, LR 5 PO 443; It. v. Wallace (1883), 4 Ont R. 127; R. v. Sanderson (1886),... | |
 | John Dawson Mayne - 1904 - 1186 Seiten
...Court by affidavit, are extrinsic to the adjudication impeached. But an objection that the judge has erroneously found a fact which, though essential to...over the subject-matter, he properly entered upon the enquiry, but miscarried in the course of it." l Where a judge has jurisdiction over the subject-matter,... | |
 | Great Britain. Magistrates' cases - 1909 - 732 Seiten
...court by affidavit, are extrinsic to the adjudication impeached. But an objection that the judge has erroneously found a fact which, though essential to...adjudication upon such an objection without assuming the function of a Court of Appeal and the power to retry a question which the judge was competent to decide."... | |
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But an objection that the Judge has erroneously found a fact which, though essential to the validity of his order, he was competent to try, assumes that, having general jurisdiction over the subjectmatter, he properly entered upon the inquiry, but miscarried... 
