In Arnison v. Smith, 41 Ch.D. 348; 61 L.T. 63; 37 W.R. 593, also it might appear that an appeal would lie, but that case was peculiar in its character, because some of the plaintiffs appeared and others of them were absent, and Kekewich, J., who tried the case, gave judgment against the plaintiffs who did not appear that they should pay the costs occasioned by their being joined as plaintiffs. This order was varied so as to make the order without prejudice to these plaintiffs bringing a fresh action.
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