Byron v. Tremaine

Byron v. Tremaine Collection Supreme Court Judgments Date 1898-12-14 Report (1898) 29 SCR 445 Judges Strong, Samuel Henry; Gwynne, John Wellington; Sedgewick, Robert; King, George Edwin; Girouard, Désiré On appeal from Nova Scotia Subjects Trust Decision Content 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[1], 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. 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. [1] 31 N. S. Rep. 425. …