Prior v Ludlow

[1906] HCA 93

394 HIGH COURT

[1906.

H. C. or A. questioned. The verdict ought tlierefore to have been entered

for the defendants, and this Court must now order accordingly

T h e Balmain that the verdict for the plaintiff be set a.side and judgment be

entered for the defendants.

V.

T^o b e r x s o n

___ ̂ ’

Appeal allowed. Oi'der appealed from dis­ charged. Order absolute to enter ver­ dict fo r the defendants. Appellants to pa y the respondent’s costs o f the appeal, undertaking to set off such costs against any costs payable by the respondent.

O’Connor J.

Solicitors for the appellants, McDonell & Moffitt.

Solicitor for the respondent, J. J. Jagelnian.

C. A. W.

[HIGH COURT OF AUSTRALIA.]

PRIOR .

Ai'pellant ;

D efendant,

LUDLOW .

Respondent.

Plaintiff,

H. C. OF A.

ON APPEAL FROM THE SUPREME COURT OF

1906.  NEW SOUTH WALES.

SvDNEF,

A ppeal from a decision of Walker J., 20th June 1906.

Oct. 11, 12. ̂

.

The case turned wholly on questions of fact.

Griffith C.J.,

Barton and

O'Connor JJ.

Appeal dismissed with costs.

Decree varied

by consent.

Appellant to pay respond­

ent’s costs o f the appeal.

Solicitors, for appellant, McCoy & McCoy. vSolicitor, for respondent, H. R. Way.

C. A. W.