1. The point taken in this case is that as the appeal was out of time and thrown out by the Judge without trial, it was not competent for him to proceed to try the memorandum of cross-objections. It is quite unnecessary to decide that general question in this case, because what happened in this case was that in error the Court admitted the appeal as having been presented in time, and notice was given of it to the respondent and he filed the memorandum of cross-objections within thirty days of the service of the notice upon him. It was subsequently found out that this was a mistake; having been made, the respondent was entitled to take advantage of it, and he took it. Therefore his memorandum which was filed within the time laid down by the Code of Civil Procedure must be heard. The appeal fails and must be dismissed with costs.