Judgment of the Court
(Oral).-The appeal must be quashed. There aie decisions similar to the present in cases in the Privy Council and in this court governing the case. The recent case of Hamel v. Hamel (10) seems in point.
As regards costs, the respondent ought to have moved to quash instead of leaving the question of jurisdiction to be raised on the argument; the costs will therefore be only those of a motion to quash. Appeal quashed with costs.