Supreme Court of Canada
Bastien v. Filiatrault et ux., (1900) 31 SCR 129
Date: 1900-10-08
BASTIEN v. FILIATRAULT et ux.
1900: Oct 4; 1900: Oct 8
PRESENT:—Taschereau, Gwynne, Sedgewick, King and Girouard JJ.
Husband and wife—Judicial separation as to property—Debts incurred by husband before dissolution of community—Obligation by wife—Art. 1301 C. C.—Nullity—Public policy.
APPEAL from a judgment of the Court of Review, at Montreal ([1]), affirming the judgment of the Superior Court, District of Montreal ([2]), dismissing the plaintiff's action as to the female defendant and relieving her from liability under a deed to which she had become a party to guarantee claims against her husband.
After hearing counsel for the parties the court reserved judgment, and on a subsequent day, dismissed the appeal on the merits with costs for the reasons given in the courts below and without determining a question as to the jurisdiction of the court to entertain the appeal raised by the respondent upon a motion to quash the hearing.
Appeal dismissed with costs.
Charbonneau Q.C. for the appellant.
Rodolphe Lemieux Q.C. for the respondent.