It is argued that the section of The King’s Bench Act is sufficiently wide to cover the relief asked for in this case, and that the Rules do not and cannot curtail any right given by statute; as to this I can only say, while I have some doubt on the subject, that the Courts in England must have construed the section of the English Judicature Act of 1873 as enabling them by Rule to set out the cases where third party procedure may be invoked; otherwise I cannot understand the remarks of Baron Pollock in Pontifex v. Poord, supra, nor the decisions in several leading English cases.
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