Per Girouard J.-The judgment of the Court of King's Bench was not a final judgment and, consequently, no appeal could lie to the Supreme Court of Canada.
MI OTION to quash an appeal from the judgment of the Court of King's Bench, appeal side, reversing the judgment of Taschereau J. ill the Superior Court, District of Montreal, and remitting the cause to the Superior Court to be tried upon the merits.
The action was brought by the company for a declaration that certain letters patent of invention should be declared invalid, to have a contract in respect thereto resiliated and for the return of the consideration paid by the company to the defendant under said contract.
The defendant, by declinatory *PRESENT:-Fitzpatrick C.J. and Girouard, Davies, Idington and Maclennan JJ.