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Supreme Court of Canada

Bastien v. Filiatrault et ux., (1900) 31 SCR 129

Date: 1900-10-08

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.



[1]  6 Rev. de Jur. 13.

[2] Q. R. 15 S. C. 445.

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