Irish Law Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas Volume 11

Irish Law Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1849 edition. Excerpt: ...VVATTERS 1.-. LIDWILL. In this case (reported in 9 Ir. Law Rep. p. 362), 6 Wm Of emf having been sued out by the plaintiff upon the 28th Of Octfber' "P011 the l7th of November the defendant obtained a rule that ill!" writ of error should be quashed, unless the plaintiff gave bail within four days. D Sterne Miller now moved that the rule of the 17th Of Nwember should be vacated and set aside for irregularity, inasmuch as B in error. So it has been held on the English statute 3 Jac. l, c. 8: Freeman v. Garden (a); Duvergier v. Fellawes Of the same opinion was the Court of Exchequer in Ireland in Quin v. National Imurance Company (0), and Stephenson v. Higgimon (cl); in which latter case the question is said to have been similarly decided in this Court in 0'Connell v. Mansfield, a case not elsewhere reported upon this point. The General Rule of all the Courts in Easter Term 1834, in requiring the recognizance of bail in error to be taken in "double the sum recovered," shows that the Judges, who framed those Rules, contemplated the application of the Irish statute l G. 4, c. 68, s. 7, to the single case of a defendant below becoming plaintitf above. The words in both statutes stating, that the bail is to be taken in order to satisfy "the debt, damages and costs" if the judgment appealed from be aflirmed, have a similar bearing, forasmuch as neither debt nor damages are recovered by a defendant who is successful below.. The English cases cited go farther than we seek to do, for there the Court discharged the bail which had in fact been given by the plaintifls. Molesloorth. The Irish statute l G. 4, c. 68, is explicit that the plaintilf in error must give bail "in any case...show more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236932609
  • 9781236932600