Alicia Doran v John Chancellor

JurisdictionIreland
Judgment Date17 November 1866
Date17 November 1866
CourtExchequer (Ireland)

Exchequer.

ALICIA DORAN
and
JOHN CHANCELLOR.

Thompson v. Armstrong 1 Ir. Jur., N. S. 335.

Mullin v. BonjorIR 5 Ir. Com. Law Rep. 475.

Cooper v. NiasENR 3 B. & Ald. 271.

Bourke v. Macartney 6 Ir. Law Rep. 29.

Worley v. LeeENR 2 T. R. 112.

Pollard v. M'Dermot 1 Smy. R. 1.

Lord Clifden v. Bolger 6 Ir. Jur., N. S. 102.

Richardson v. Daly 7 Dow. Prac. C. 26.

Kennedy v. Gregg 10 Ir. Law Rep. 558.

140 COMMON LAW REPORTS. T. T. 1866. and that since the possession of the lands was not changed, and was Exchequer. not at all affected by the dealing between the plaintiff and de It'GRATH fendant, and since that dealing could only be between the owners of v. SHANNON. reversions, a surrender by operation of law could not have been caused by the creation of a new tenancy, unless such new tenancy had been created by deed. HUGHES and DEASY, BB., concurred. Conditional order that verdict be entered for defendant made absolute. ALICIA DORAN v. JOHN CHANCELLOR.* Tam was an action for assault and false imprisonment. The Plaintiffserved a plaint on the summons and plaint was issued on the 14th of May 1866; the 23rd of Octo- ber, and tiled it on the 9th of defendant pleaded another action pending. The plaintiff took November, but issue, and the case was tried before Mr. Baron DEASY at the Nisi, gave no notice of filing to de- Prius sittings after Trinity Term. It appeared at the trial that fendant. On the 9th defend- another writ for assault and false imprisonment had been issued by ant served no tice to amend the plaintiff against the defendant on the 12th of October 1865, and plaint. On the 11th plaintiff served on the 23rd of October. This writ was filed on the 26th of served cross notice consent- November, but no evidence was offered at the trial that any notice ing to amend; and on the 1, had been given to the defendant of this filing, as required under the 13th, Court 37th section of the Common Law Procedure Act (Ir) 1853. made an order, on con ng seprnt, On the 9th of November defendant's attorney served notice of stayio- ceedings until an application to set aside the first count. On the 11th of Novem- certain amend- ments made ber plaintiff's attorney served notice consenting to amend and pay and certain costs paid, costs. On the 13th of November the Court made an order allowing No amend ments made, plaintiff to amend on payment of certain costs to defendant. On and no costs paid. On the the 22nd of November defendant's costs, under this order, were 12th of May 1866, plaintiff taxed to 6. Os. 5d. On the 27th of November a fi. fa. was issued issued another writ for the same causes of action. Held, these facts sustained a plea of another action pending. * Before the Full Court. COMMON LAW REPORTS. 141 for these costs, but was never lodged with the Sheriff. The costs M. T. 1866. Exchequer. were not paid, nor was any further step taken in the action up DORAN V. give any evidence as to the transactions complained of, except in CHANCELLOR. mitigation of damages. Plaintiff's Counsel admitted that the causes of action in both plaints were the same. The Judge ruled that the first action was not pending when the second plaint issued, but reserved leave to the defendant to move to have the -verdict entered for him, if the Court above should be of opinion that the ruling was wrong. The jury found a verdict for the plaintiff, 50 damages. Counsel for the defendant having obtained a conditional order pursuant to the leave reservedÂÂ, Heron (with him Waters) now showed cause. Nothing was done after the order of the 13th of November. The 37th section of the Common Law Procedure Act (16 & 17 Vic., c. 113), provides for enforcing a defence. It first provides for enforcing a defence where the writ is filed four days at the...

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