McCarthy v. Kingston, (1964) 16 N.B.R.(2d) 306 (CA)

• Judge: McNair, C.J.N.B., Ritchie and West, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 14, 1964
• Jurisdiction: New Brunswick
• Citations: (1964), 16 N.B.R.(2d) 306 (CA)

McCarthy v. Kingston (1964), 16 N.B.R.(2d) 306 (CA);

    16 R.N.-B.(2e) 306; 21 A.P.R. 306

MLB headnote and full text

Sommaire et texte intégral

McCarthy v. Kingston

Indexed As: McCarthy v. Kingston

Répertorié: McCarthy v. Kingston

New Brunswick Court of Appeal

McNair, C.J.N.B., Ritchie and West, JJ.A.

April 14, 1964.

Summary:

Résumé:

This headnote contains no summary.

Practice - Topic 2315

Writ of summons - Form - Validity of official signature on writ - Validity of a writ which was signed by an official no longer in office - A lawyer issued a writ of summons which was signed in blank by a clerk of the County Court which clerk resigned prior to the date that the writ was issued by the lawyer - The New Brunswick Court of Appeal held that the writ was valid and was not affected by the resignation of the clerk prior to the issue of the writ by the lawyer.

Cases Noticed:

Meeker et al. v. Peters (1883), 23 N.B.R. 95, folld. [para. 8].

Statutes Noticed:

Rules of Court (N.B.), Order 5, rule 2.

Rules of Court (N.B.), Order 61, rule 1.

Counsel:

[None disclosed].

The judgment of the New Brunswick Court of Appeal was delivered by McNAIR, C.J.N.B., on April 14, 1964.