Supreme Court of Canada
Byron v. Tremaine
(1898) 29 SCR 445
Date: 1898-12-14
Byron v. Tremaine.
1898: Nov. 7, 8; 1898: Dec. 14.
Present:—Sir Henry Strong C.J. and Gwynne, Sedgewick, Klng
and Girouard JJ.
Trust—Lien for costs—Evidence—Husband and wife.
APPEAL from a judgment of the Supreme Court of Nova Scotia,
dismissing the plaintiff's action without costs and vacating the judgment of
the Chief Justice at the trial who held that there was a cause of action, but
that the evidence was insufficient to justify a verdict for the plaintiff.
[Page 446]
On the appeal the judgment of the court en banc was not
attacked but the appellant urged that on the evidence given at the trial, she
should have had a verdict. The court however agreed with the trial judge that
there was not sufficient evidence and dismissed the appeal.
Appeal dismissed with costs.
Russell, Q.C., and Congdon for the appellant.
Gormully, Q.C., for the respondant.
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