OPPOSITION A FIN D’ANNULER.—AFFIDAVIT

SUPERIOR COURT, Montreal, 7th march 1872.

Coram TASCHEREAU, J.

ManTHA vs COGHLAN, and FRASER, opp.

Held : That, when the affidavit produced with an opposition à fin d'annuler is not sworn to by opposant, deponent must state that he is duly authorized in that behalf, (2 R. C., 238).

CAFIAS.

SUPERIOR Court, Montreal, 12th march 1872. Coram TASCHEREAU, J.

LEBEL vs O’BRIEN.

In an aflidavit for cupias, plaintiff stated that defendant was indebted to him in the sum of £15, pour effets vendus et livrés à Québer, and gave no other statement as to the indebtedness, The reasons given for his belief that defendant was about to leave the country, was certain information he had received, but the names of his informants were not given.

Held : that the affidavit was insufficient on both these points, and

On

the capius must be guashed. (2 R. C., :38).

INDICTMENT.

CourT OF QUEEN’S BENCH, Montreal, Sth march 1872. Coram DuvaL, C. J., BADGLEY, J., CARON, J., DRUMMOND, J, and MoxKk, J.

KERR «and REGINA.

Held : That, in an indictment for wounding with intent to murder, the offence must he charged to have been committed by the prisoner wilfully, maliciously, and of his malice aforethought ; and that judgment will be arrested when indictment is defective in this respect. Caron, J., and DRuMMoxpD, d., dissenting, (2 R. C., 238).