Michael Westropp, C.J.
1. There were issues settled in this cause in the presence of the defendant’s pleader, who, moreover, was permitted to cross-examine and did cross-examine the witnesses. Hence there is no ground for maintaining that the decree of the Subordinate Judge was ex parte. We reverse the decree of the District Judge, and direct him to proceed to hear the appeal on the merits. Costs of the special appeal to abide the result.