Notes on cases I - Fenech vs Bianchi noe

Abstract

This case was decided by the First Hall of the Civil Court on the 26th May, 1952. The present note concerns a point which wasdiscussed before the Court but which was left undecided, as the Court based its judgement on a preliminary issue of fact, notwithstanding that the parties had refrained by agreement from producing evidence on the point of fact adjudicated upon. The legal question involved was not mentioned in any way in the judgement, so that the present note refers not to the actual contents of the judgement but to an interesting point which, as far as is known, has never been authoritatively settled by any local Court.