Majority
(PETITIONER)
RESPONDENT. MICHEAL CARNEY (RESPONDENT) ...
.APPELLANT; AND
FREDERIC W. HETHERINGTON
(PETTIOER)
IlK
R ESPONDENT. (PETITIONER) ....................
ON APPEAL FROM THE DECISION OF TOWNSHEND AND RUSSELL JJ.
Judgment of the Court
J.-These appeals are from interlocutory orders of the trial judges setting down the cases for trial on a particular day. There had been a previous appeal to this court in each of the cases from a judgment or decision of the trial judges, after the hearing had been begun in each case, to the effect that their jurisdiction had come to an end and that they had no power to proceed further with the trials. The result practically was to dismiss the petition.
This court held that the jurisdiction of the trial judges had not come to an end and remitted the petitions back with instructions that the trials should be resumed at the stage where they had been stopped.
It is from the orders made setting down a day for so resuming the trials of these election petitions that these appeals are taken.
It seems to me perfectly plain that no such appeals lie.
The only appeals provided for to this court by the statute outside of those on preliminary objections, are appeals
In the* cases before us no such state of facts as required by the statute exists. The petition has not been tried. The former order of this court that the trial should be resumed and gone on with has not yet been J. complied with. I do not think it is open to serious argument that every decision given by the trial judges either before or during the progress of the trial is at once and before the end of the trial appealable. Such a conclusion would defeat the object of the statute absolutely, and make election trials a farce.
We are all of the opinion that we have no jurisdiction to hear these appeals and that they should both be quashed with costs.
I fully concur in the remarks of Girouard J. as to the necessity for the strict observance of the rule of this court that all appeals in election cases should be placed at the head of the docket or list of appeals and heard first and before other appeals, unless the court on satisfactory cause shewn, makes an order changing the place on the docket of such appeals.
The public is interested in the speedy hearing and disposition of these appeals and this court will not assent to any delay in such hearing unless for good cause shewn.
Appeals quashed with costs.