Bagot (Dupont v. Morin) and Rouville (Brodeur v. Charbonneau) Election Cases

Bagot (Dupont v. Morin) and Rouville (Brodeur v. Charbonneau) Election Cases
Collection
Supreme Court Judgments
Date
1892-05-09
Report
(1892) 21 SCR 28
Judges
Ritchie, William Johnstone; Strong, Samuel Henry; Taschereau, Henri-Elzéar; Patterson, Christopher Salmon; Gwynne, John Wellington
On appeal from
Quebec
Subjects
Elections
Decision Content
Supreme Court of Canada
Dupont v. Morin; Brodeur v. Charbonneau, (1892) 21 SCR 28
Date: 1892-05-09
CONTROVERTED ELECTIONS FOR THE ELECTORAL DISTRICTS OF BAGOT AND ROUVILLE.
FLAVIEN DUPONT (RESPONDENT)
Appellant;
And
LOUIS PAUL MORIN (PETITIONER)
Respondent.
LOUIS P. BRODEUR (RESPONDENT)
Appellant;
And
JOSEPH CHARBONNEAU (PETITIONER)
Respondent.
1892: May 9
PRESENT:—Sir W. J. Ritchie C.J., and Strong, Taschereau., Gwynne and Patterson JJ.
on appeal from the judgments of the superior COURT FOR LOWER CANADA.
Election petition—Judgment voiding election—Trial—Commencement off Six months—Consent to reversal of judgment—R.S.C ch. 135 ss. 32 & 52.
APPEALS from the judgments of the Superior Court for Lower Canada
In these two cases the trials were commenced on the 22nd day of December, 1891 more than six months after the filing of the petition and subject to the objection taken by the respondents that the court had no jurisdiction, more than six months having elapsed since the filing of the petition and no order made enlarging the time for the commencement of the trial l the respondents consented that their elections be voided by reason of corrupt acts committed by their agents without their knowledge.
On appeal to the Supreme Court upon the question of jurisdiction the petitioner's counsel signed and filed a consent to the reversal of the judgment appealed from without costs, admitting that the objection was ] well taken.
Upon the filing of an affidavit, as to the facts stated in the respondent's consent, the appeal was allowed and the election petition dismissed without costs. R. S. C. ch. 135 sec. 52.
Appeal allowed without costs.
In the Bagot Case, Ferguson Q.C. for appellant.
Belcourt for respondent.
In the Rouville Case, Belcourt for appellant.
Gode for the respondent.