PETITION FOR LEAVE TO APPEAL

PRivy COUNCIL, 10 December, 1877.

On appeal from the Supreme Court of Canada.

Present: The Lord Chancellor (Lord CAIRNS), Sir JAMES W. CoOLVILE, Sir BARNES PEACOCK, Sir MONTAGUE E. Suit, and Sir ROBERT P. COLLIER.

In the matter of a cause in the Supreme Court of Canada, entitled JAMES JOHNSTON, appellant, «nd the MINISTERS and TRUSTEES of ST. ANDREWS CHURCH, MONTREAL, respondents.

Although Her Majesty’s prerogative to allow an appeal is preserved by Canadian Act, 38 Vict., ce. 11,8, 47 ,their Lordships declined to advise its exercise in a case where the amount at issue was only $300, and where the issue between the parties related simply to the legal construction and effect of a tee contract, and where no general principle was invoked, and no other cases were necessarily affected by the decision complained of.

This was à petition by the above-named respondents, the ministers and trustees of St. Andrews Church, Montreal, for leave to appeal from à judgment of the Supreme Court of Canada, (June 28, 1877) under the circumstances mentioned in the judgment printed below.

DEANE, Q. C., and GiBBs, for the petitioners, submitted that although under Canadian Act, 38 Vict., c.11, s. 47, there was no appeal as of right from the judgment of the Court below, yet that they were not deprived thereby of an appeal should Her Majesty be pleased to grant them leave for that purpose by virtue of the royal prerogative. Reference

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