RIGHT OF APPEAL

Evening Post, Volume LXXXV, Issue 108, 8 May 1913, Page 7

RIGHT OF APPEAL

QUESTION dF PRACTICE. Their Honours of the Court of Appeal thia morning heard a motion to strike out an appeal from a judgment of the Supreme Court. The appellants (plaintiffs in the Court below] were Frederick Henry Pitcher and his wife. Mary AnnlPilcher, Minette Wardrop Anderson, and Alexander Gray, and the reepondents i (defendants in the Court below) were William Charles Alfred Dimock, Alexander James M'Tavieh, and William Edwin Redstone. The Bench was occupied by the Chief Justice (Sir Robert Stout). Mr. Justice Dennistdn, Mr. Justice Edwards, and Mr. Justice Chapman. Mr. C. B. Morison, K.C., with him Mi*. H. E, Anderson, appeared for the appellants; and Me. A. A. S., Menteath for the respondents. The case in the Court below was ah action in regard to the operations of a Silverstream land syndicate, plaintiffs seeking relief from a partnership on the ground that they were induced to join the syndicate by false and fraudulent representations and fraudulent concealment. His Honour Mr, Justice Sim held that plaintiffs had not established their right to relief, and he gave judgment for defendants. Notice of appeal was given, and respondents now moved to strike out the appeal on the ground that notice was not given within four months of the pronouncement of the judgment. After hearing argument upon the motion, the Court reserved decision.