Name/Title
Writ of Summons from Greig & Greig Solicitors in Wylie & Thoburn Vs Anchor Knitting CoEntry/Object ID
1995.01.14Scope and Content
Single paper folded in half to create two legal size papers. The total size being 43 by 35cm, creating two 21 by 35cm pages, making a small booklet. Paper is yellowed with age, it is written on in in black ink by two distinctive sets of handwriting, both in black ink. All printed information is also printed in black. These pages also have a watermark detailing the name of the creator High Court of Justice ~ Joseph Doust Law Stationer. This paper is a Writ of Summons created by Joseph Doust Legal Stationers, and issued from Ottawa from the High Court of Justice. This Writ was issued by Greig & Greig of the town of Almonte, the plaintiff's solicitors. The writ seems to have been designed such that it shoul be folded in half again. The legal case discussed is Anchor Mills Knitting Co VS Wylie Co. and Thoburn Milling Co.
1995.01.14 - Transcription
[First portion of the paper begins with the date, the page is read from the center front panel]
No. 190
In the high Court of Justice.
________________________________________
[in the newspaper clipping adhered to the front]
---The water in the Mississippi river is very low at present and this condition has led some of the waterpower owners to look for friendly recognition of existing power rights. The Wylie Milling Co. and Mr Thoburn, as has been done on other occasions when water was scarce, have placed a temporary dam at the head of the falls at the railway bridge, and the Anchor Knitting Co. ask that their right to have it removed should they wish to do so be recognized. When the slide properties were sold some years ago the town bought the one at the railway bridge and afterwards sold it to Mr. Wylie. For some years a log has lain at the head of the slide property which benefited Mr. Thoburn’s flannel mill power and in order to preserve their right to remove the log, the Wylie Milling Co. on Saturday afternoon last had it taken out, but that Mr. Thoburn might suffer no inconvenience thereby it was replaced by a temporary board dam. Occasions like the present emphasize the desirability of amalgamation of the water power interests of the town and the carrying out of a scheme of development, at the Bay for instance, that would double or treble the power now available under existing conditions. ***
[below the paper ]
Anchor Knitting Company
-vs-
Thoburn
Draft
______________________
Writ of Summons
_______________________
Sold by Joseph Doust, Law Stationer, 58 Adelaide street East, Toronto
________________________________________________________
This Writ was issued by Rogers Stewart of the town of perth in the county of Lanark agents for Greig + Greig of the town of Almonte in the county of Lanark Solicitor for the said Plantiffs
Who [reside at, has been crossed out] carry on business and who have their head office at the said Town of Almonte
Greig + Greig Plantiff’s Solicitors
[on the back]
ONTARIO
In the High Court of justice
------
Sold by Joseph Doust
Law Stationers,
Toronto
--------
Between The Anchor Knitting Company of Almonte Limited
AND Plantiffs
[SEAL] William Thoburn and the Wylie Milling Company Limited
DEFENDANTS
Edward the Seventh by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas KING. Defender of the Faith, Emperor of India.
To William Thoburn of the Town of Almonte in the County of Lanark, Woollen Manufacturer, and the Wylie Milling company Limited of the Town of Almonte in the county of Lanark.
We command you, that within TEN days after the service of this Writ on you, inclusive of the day of such service, you cause an appearance to be entered for you, in an action at the suit of
The Anchor knitting Company of Almonte, Limited
[written perpendicular to the above]
Issued from the in the
[end]
And take notice, that in default of your doing so the Plaintiffs may proceed therein, and judgment may be given in your absence on the Plantiff’s own shewing, and you may be deemed to have admitted the Plaintiff’s Claim and (subject to the Rules of Court) will not be entitled to notice of any further proceedings herein.
Witness , THE HONOURABLE sir John Alexander Boyd, K.C.M.G. President of our High Court of Justice, at Toronto the Fifteenth day of August in the year of our Lord one thousand nine hundred and seven.
[written perpendicular to the other text]
Issued from the in the
Court
Office of the High Court of Justice
Court of
[written on the bottom of the page]
N.B. ~ This Writ is to be served within 12 Calendar months from the date thereof or if renewed within 12 Calendar months from the date of such renewal, including the day of such date and not afterwards.
The Defendants may appear hereto, by entering an appearance either personally or by Solicitor at the Office, at
[end of back page ]
THE PLAINTIFf’S CLAIM IS For damages for wrongfully obstructing and diverting the natural flow of the waters in Almonte at a point above the Mill Privilege and water power of the Plaintiffs by the erecting [“or” is crossed out] placing or manufacturing of a dam or obstruction across the said river at the said point, and for an injunction restraining the Defendants from obstructing and diverting, the natural flow of the water in the said river at the said point or the erecting [“or” is crossed out] placing or manufacturing of a dam or obstruction across the said River at the said point to the injury of the Plaintiffs.
And for an order requiring the defendants to remove the said dam or obstruction
[written on the opposing page]
Place of trial - Town of Perth
[the following is scratched out ] and the Plaintiff claim $ for costs,
This Writ was served by
On
The Defendant
On day, the day of A.D. 190
Indorsed the day of A.D. 190
(Signed)________________________
(addressed)_____________________
[front left most side of page with newspaper clipping]
Character of parties
This Writ was served by
On
The Defendant
On day, the day
Of A.D. 190
Indorsed the day
Of A.D. 190
Signed
Addressed
This Writ was served by
On
The Defendant
On day, the day
Of A.D. 190
Indorsed the day
Of A.D. 190
Signed
Addressed
[end]Collection
DocumentCataloged By
Whit, ElizabethLexicon
LOC Thesaurus for Graphic Materials
Legal aid, Legal affairs, CourthousesSearch Terms
Courthouses, Thoburn Woollen Mills, Anchor Knitting Co., Greig & Greig Solicitors, Wylie Milling Co.Archive Details
Creator
High Court of Justice ~ Joseph Doust Law StationerPrimary Language
EnglishArchive Notes
Publisher: Joseph Doust, Law Stationer
Place Published: 58 Adelaide street East, TorontoLocation
Location
Container
Archive Box 1Shelf
1Cabinet
Archive CupboardRoom
Collections RoomBuilding
M.V.T.M.Category
PermanentDate
November 7, 2023Location
Container
Box 2Shelf
Shelf 11, Shelf 11Room
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Whit, ElizabethDate
June 16, 2019Relationships
Related Person or Organization
Person or Organization
Greig & Greig SolicitorsPerson or Organization
The Wylie Milling Co.Person or Organization
The Wylie Milling Co. LTD.Person or Organization
Thoburn, W.General Notes
Note
Status: OK
Status By: MacMillan, Lindsay
Status Date: 2020-11-26Created By
admin@catalogit.appCreate Date
June 16, 2019Updated By
admin@catalogit.appUpdate Date
November 11, 2023
