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1 paragraphs · 109 words
Macnaghten, J. 1. This case has been very ably argued by Mr. DeGruyther. Speaking without having heard the other side, it is impossible to say that much of his criticism was not well-founded. But this Board is not sitting as a Court of first instance. The Board is not satisfied that the two judgments, which are in effect concurrent, are erroneous. It is purely a question of fact. Both Courts have come to a certain conclusion, and their Lordships do not think that they can interfere. 2. Their Lordships will, therefore, humbly advice. His Majesty that the appeal ought to be dismissed, and the appellants will pay the costs.