Majority
ON
APPEAL
DOMINION AND PROVINCIAL COURTS THE NORTH-WEST TERRITORIES TERRITORIAL THE TERRITORY. GONZALVE
DESAULNIERS et al
APPELLANTS; (OPPOSANTS) ................................
*May 5, 6. AND
*May LOUIS PAYETTE et al (PLAINTIFFS).. .RESPONDENTS. AND
LA COMPAGNIE DE L'OPPRA
COMIQUE DE MONTRtAL...
DEFENDANTS. ON APPEAL FROM THE COURT OF KING'S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC.
Judgment of the Court
JUSTICE.-This appeal must, in my opinion, be dismissed.
The judgment of 30th September, 1902, ordering the appellants to give security, having been affirmed by the Court of Appeal, the Superior Court, upon the appellants' faillure to give the security so ordered, when the case came up de novo upon the respondents' motion to consequently dismiss the appellants' oppo- SitiOn, was bound to grant the said motion as it did on the 19th of May, 1903.
And, likewise, when the case came up again before the Court of Appeal, that court could not but hold, as it did by the judgment now appealed from, that the Superior Court had committed no error when it had simply acted in accordance with the judgment rendered upon the first appeal.
Now, if the Court of Appeal has rendered the judgment that it had in law to give, the appellants' attempt to shew error in that judgment necessarily fails, and if there is no error in it they cannot expect us to reverse it.
They seem to be under the impression that, because the first judgment ordering them to give secu rity, was not appealable to this court, Desaulniers v. Payette they can now ask us, upon this appeal from the last judgment, to review that first judgment. But that cannot be. As we have often said, an interlocutory judgment that cannot be appealed from is res judicata. But it is not merely because a judgment is resjudicata that it is appealable, as the appellants would contend.
The policy of the statute is, as a general rule, to allow but one appeal in each case, and that only from the final judgment
The rules of the Code of Civil procedure, upon appeals from the Superior Court to the Court of King's Bench, have no application to appeals from the Court of King's Bench to this court. The judgment in this case ordering security to be given was not a final judgment and we could not entertain that appeal therefrom that was brought by the appellants.
The last one, now appealed from, dismissing appellants' opposition upon their refusal to give such security, is a final judgment and we have jurisdiction over this appeal therefrom, but we must