(V11) 1 CLR 63

1922 October 21

 

[FISHER, C.J. AND STUART, P.J.]

NESIFOROS DIAMANTIDES

v.

YEORGHIOS DIAMANTIDES AND OTHERS

PROCEDURE-ESTOPPED ON APPEAL FROM RAISING OBJECTIONS TO JURISDICTION NOT RAISED BEFORE DISTRICT COURT.

For Appellant (Plaintiff) Themistos.

Respondents absent.

Judgment: The only matter for which this case is important is that a single Judge of the District Court tried the case. At the trial Plaintiff did not object to the jurisdiction, but having lost before such Court he now raises the matter.

The file of the District Court contains nothing to show that the single Judge had no jurisdiction, and this Court holds that the objection to jurisdiction was not taken at the proper time and therefore Plaintiff is estopped from raising the matter now.

Appeal dismissed with costs.

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