Irish Law Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas Volume 5

Irish Law Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas Volume 5

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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. 1843 edition. Excerpt: ...it. The cases of Beaumont v. Brassington, Jackson v. Warburton, and Ha: -grave v. Butler, do not apply, as in them there was either no plea of payment filed, or it had been withdrawn on filing the plea of confession. The defendant has abandoned his chance of a trial on the terms of not being pressed for payment until the llth of July, and the Court ought not to deprive him of the advantage of the terms he made. Donmvry, C. J. The stay of execution was certainly a matter of treaty; but the eliect, if not the object, of the treaty in this case (to which the Court too was made a party by putting the plea on their files), was to throw the party oif his guard on the eve of a trial, by which he has lost the opportunity of having his case tried at the proper time. The practice contended for by Mr. Butt, might work great injury in many cases, by throwing out a plaintiB' from recovering his debt until after the long Vacation.-We cannot, therefore, recognise it, and must Grant the motion with costs. Lessee KINGSTON '0. KELLY. (Common Pleas.) EJECTMENT for non-payment of rent.--The demise was laid on the 28th of March 1842; and at the trial before the Lord Chief Justice in this Court, it appeared that the defendant held the premises in the ejectment contained, under a lease, at a rent payable half-yearly on every 25th of March and 29th of September; and which lease contained the following clause: --" And if the said reserved yearly rent, or any part thereof, shall "happen to be behind or unpaid for or by the space of twenty-one days "next after any of the days hereinbefore mentioned and appointed for "the payment thereof, then, and so often as it shall so happen, it shall "and may be lawful for the said H. D., his heirs...show more

Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236798635
  • 9781236798633