The judges of the Court of Appeal have gone very fully into this question, and we agree with what they have said.
The appeal must, therefore, be dismissed with costs. TONTO. Solicitors for the appellant : Du Vernet 4- Jones. The Chief Justice. Solicitor for the respondent: Thomas Caswell. MAXIVILIAN
L. SCIILOMANN
APPELLANT; (DEFENDANT)..........
...........
*May II, AND
LESLIE R. DOWKER AND OTHERS
(PLAINTIFFS) .............................
RESPONDENTS. HENRY SCHLOMANN (DEFENDANT)...APPELLANT; AND
LESLIE R. DOWKER AND OTHERS
RESPONDENTS. (PLAINTIFFS) ..............................
ON APPEAL FROM THE COURT OF QUEEN'S BENCH FOR LOWER CANADA, APPEAL SIDE.
Appeal - Acquiescement-Estoppel-Question of costs-Practice-Motion to quash.
In order to avoid expense the Supreme Court of Canada will, when possible, quash an appeal involving a question of costs only, though there may be jurisdiction to entertain it.
M OTIONS to quash two appeals from judgments of the Court of Queen's Bench for Lower Canada, appeal side, reversing the judgments of the Superior' Court, District of Montreal, which had maintained the con- Henry Strong, C.J., and Taschereau, Gwynne, Sedgewick and Girouard JJ.