COURT OF APPEAL.

Dominion, Volume 6, Issue 1745, 9 May 1913, Page 3

COURT OF APPEAL.

THE SILVERSTREAM LAND CASE. A motion to strike out an appeal, from a judgment of tho Supreme Court delivered by Mr. Justice Sim in Juno last, camo bsfore the Court of Appeal yesterday when the Bench was occupied by the Chief Justice (Sir Robert Stout), Mr. Justice Denniston, Mr. Justico Edwards, and Mr. Justice Chapman. Tho appellants in the case were: Frederick Henry Pitcher, Mary Ann Pitcher (his wife), Minnette Wardrop Anderson, and Alexander Gray. Tho respondents wero: William Charles Alfred. Dimock, Alexander James M'Tavish, William Edwin Redstone. Mr. A. A. S. Menteath appeared for the respondents, who moved to striko out the appeal. Opposition to tho motion was raised by the appellants, for whom Mr. C. B. Morison, IC.C., and Mr. 11. E. Anderson appeared. The case in which the appeal had been lodged was known as the Silvefstream Land Syndicate case. The appellants, who wore plaintiffs in the C ; ourt below, sought relief from a partnership oil tho ground of alleged false and fraudulent misrepresentation and fraudulent concealment on the part of one of the defendants. Mr. Justice Sim held that plaintiffs had not established any right of relief and ho gave judgment for tlio defendants with costs. Notice of appeal from the whole of the judgment was given by the plaintiffis 011 November 18 last. Tho ground of tho motion to striko out the appeal was that due notice of appeal was not given within four months after the pronouncement of tho judgment. _ After hearing legal argument tho Chief Justice intimated that the Court would take time to consider the matter.