The Lord Chancellor:-
Their Lordships greatly regret that in this case they are compelled to send the parties away empty-handed, without a decision on the real merits of the controversy; but the form of the judgment which is the subject of appeal, and the position in which this action stands, prevent their Lordships from being able to deal confidently with the actual substance of the dispute. In these circumstances it would be unfair to the parties that this matter should be finally determined before their Lordships have received the advantage of a full statement of the findings of facts upon which, in part at all events, the judgment of the Court of Appeal must depend, and also of a statement of the local customs, the local laws, and the principles by which their judgment must have been guided. In all cases these matters are very material for the consideration and determination of an appeal, but in a case of this kind they are of essential importance.
Their Lordships think that this is…