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Updated: June 1, 2025
See the case of John Walpole Willis, Appellant, versus Sir George Gipps, Knt., Respondent, 5 Moore's Reports of Privy Council Cases, 379. From an obiter dictum of one of the judges in the case it would appear that the order of amotion from the bench of this Province was finally set aside on technical grounds, owing to the appellant's not having been heard in Canada.
I thank you for your past services, my lords, but I need them no more." The resolution was welcomed by the whole country; and Richard justified the country's hopes by wielding his new power with singular wisdom and success. He refused to recall De Vere or the five judges. The intercession of John of Gaunt on his return from Spain brought about a full reconciliation with the Lords Appellant.
He has availed himself of his position to publish by authority to the army which he commands, and of the influence of his station to give the highest effect to an order bearing date November 12, 1847, and numbered 349 official printed copy herewith calculated and designed to cast odium and disgrace upon Brevet Major-General Worth; to bring that general officer into disrepute with the army, to lessen, if not destroy, his just influence and proper authority with those officers over whom he is placed in command; that he has, without inquiry or investigation, in the said order published to the army and the world, falsely charged Brevet Major-General Worth with having written, or connived at the writing, a certain letter published in the United States, and to which he has been pleased to apply the epithet of 'scandalous, 'malignant, etc.; that he has made these statements to the world, giving to them the sanction of his high authority and the influence of his position, while he has had no information as to the authorship of the letters in question; and when respectfully and properly addressed upon the subject by the undersigned appellant, he has declined to reply whether or not he intended to impute to Brevet Major-General Worth conduct which he had characterized as 'scandalous, 'malignant, etc.; be pleased to refer to correspondence herewith marked from A to E. I do not urge present action on these accusations, because of their inconvenience to the service in withdrawing many officers from their duties, but I do humbly and respectfully invoke the President's examination into the case, and such notice thereof and protection from arbitrary conduct of said Major-General Scott as he may deem suitable.
In the view of one party, a party which even among the Whig peers was probably a minority, the appellant was a man who had rendered inestimable services to the cause of liberty and religion, and who had been requited by long confinement, by degrading exposure, and by torture not to be thought of without a shudder.
No appeal is allowed from the verdict of the civil court to the governor, unless the appellant gives good security to prosecute it, and to answer condemnation-money, with costs and damages, in case the verdict of the civil court be affirmed; nor from the governor's award to the King in council, without giving good security in twice the sum sued for, to prosecute the appeal in one year or as soon after as circumstances will admit, to answer condemnation-money, and such costs and damages as shall be awarded by his majesty in council, in case the sentence on judgment of the governor be approved.
Counsel L.W. Brown, Q.C., for first and second appellants, with R.J. McGrane. D.A.R. Williams for third appellant, with L.L. Stevens. G.P. Barton for first respondent, with R.S. Chambers. A.F. MacAlister for fifth respondent, with P.J. Davison. W.D. Baragwanath for sixth respondent, with G.M. Harrison. Judgment 22 December 1981 JUDGMENT OF WOODHOUSE P. AND McMULLIN J. DELIVERED BY WOODHOUSE P.
Those of Tacitus are charged with indignation instead of pity; "like a jewel hung in ghastly night," to use Shakespeare's memorable simile, or like the red and angry autumnal star in the Iliad, they quiver and burn. Phrases like the famous ubi solitudinem faciunt pacem appellant, or the felix opportunitate mortis, are the concentrated utterance of a great but deeply embittered mind.
Marriott, who was a personage of prodigious consequence, and the judge in the last resort at her mistress's toilette, looked extremely out of humour at having been kept waiting so long; and yet more so at the idea that her appellant jurisdiction could be disputed.
'I don't think the appeal adviseable: not only because the value of the judgement is in no degree adequate to the expence; but because there are many chances, that upon the general complexion of the case, the impression will be taken to the disadvantage of the appellant. 'It is impossible to approve the style of that sermon.
They gain reputation and currency simply because no one is yet forthcoming who knows how to refute them or otherwise prove their falsity; and when he appears, as he usually does, in the next generation, the glory of these works is brought to an end. Posthumous judges, be their decision favorable to the appellant or not, form the proper court for quashing the verdict of contemporaries.
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