High Court of Australia
Ss
IN THE HIGH COURT OF AUSTRALIA.
co O.N WAY & AN OR.
GON WAY & AN OR.
REASONS FOR JUDGMENT.
Mo. 21 of (AH | Judgment delivered at. WELBOURNE..... HH J, Gree, Gort. Print, Melb. i on 27th October..19i4....
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IN THE HIGH COURT oF AUSTRALIA
ON APPEAL FROM THE SUPREME COURT OF
THE STATE OF VICTORIA
IN AN ACTION NO.527 of 1940 | BETWEEN
MARGARET CONWAY and JAMES CONWAY APPELLANTS
- and -
JOSEPH CONWAY and GRACE SARAH TRIGGER RESPONDENTS
W. Be & 0, McCUTCHEON, 485 Bourke Street, Melbourne, Agents for Westacott & Lord, Hamilton, Solicitors for the Respondents.
IN_THE HIGH COURT_) | OF AUSTRALIA ) ON APPEAL FROM THY SUPREME COURT OF THE STATE
OF VICTORIA IN AN ACTION NO. 527 of 1940
BETWEEN
MARGARET CONWAY and JAMS CONWAY APPELLANTS
- and -
JOSEPH CONWAY and GRACE SARAH TRIGGER RESPONDENTS
BEFORE HETR HONQURS THE ACTING CHIEF JUSTICE, MR JUSTICE STARKE,
MR. JUSTICE MeTIERNAN AND MR, JUSTICW WILLIAMS. MONDAY THE 27th DAY OF OCTOBER 1941. |
UPON MOTION made the 7th day of October 1941 on behalf of the abovenamed Respondents for an Order that the Notice of Appeal dated the * 16th day of August 1941 and filed herein be set aside UPON HEARING -- Mr. Dean of Counsel for the said Respondents and Mr, Eggleston of Counsel for the abovenamed Appellants AND UPON READING the' Notice of Motion dated the 26th day of September 1941 the Affidavit of James Atkinson sworn the 26th day of September 1941 and filed herein on behalf of the said Respondents and the exhibits thereto and the affidavit of John Desmond Byrne sworn the 7th day of October 1941 and filed herein on pehalf of the said Appellants and the exhibit thereto HIS COURT DID ORDER that the said Motion should stand for Judgment and the same standing for Judgment this day accordingly in the presence of Counsel for the said Respondents and the said Appellants respectively THIS COURT DOTH ORDER 4 that the said Motion be and the same is hereby allowed and that the | said Notice of Appeal be and the same is hereby set aside AND THIS COURT DOTH FURTHER ORDER that the costs of the said Respondents of the said " Motion be taxed by the proper officer of this Court and when so taxed be paid by the said Appellants to the said Respondents.
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