McDowell v McDowell [1918] HCA 10; (1918) 24 CLR 309 (7 March 1918)

HIGH COURT OF AUSTRALIA

William John McDowell and Another Defendants, Appellants; and John McDowell Plaintiff, Respondent.

H C of A

On appeal from the Supreme Court of Victoria.

7 March 1918

Barton, Gavan Duffy and Rich JJ.

Owen Dixon (T. C. Brennan with him), for the appellants.

Schutt and Cussen, for the respondent, were not called on.

The judgment of the Court, which was delivered by Barton J., was as follows:—

Barton, Gavan Duffy and Rich JJ.

We do not think that there was any ground for prohibition; and therefore the Supreme Court was right in refusing to make the order nisi absolute. It seems to us that there is nothing here but at best an objection, valid or not, on the part of the defendants that the plaintiff had not substantiated the cause of action set up by him. That was all that was of concern in the County Court. Whatever the force of the jury's finding as to the rightness or wrongness of the claim, we have nothing to do with that on this appeal. There never was any foundation for a prohibition. The appeal will therefore be dismissed with costs.

Appeal dismissed with costs.

Solicitors for the appellants, Courtney & Dunn.

Solicitor for the respondent, G. F. A. Jones.