Amos and Others v Kilkenny County Council

Judgment Date01 January 1921
Date01 January 1921
CourtCircuit Court
Cir. Cas.,
Amos and others
Kilkenny County Council

Procedure - Rules under s. 5, Local Government (Ireland) Act, 1898 - Next assizes - Discretion of Judge of Assize - Jurisdiction.

A decree for compensation for criminal injury was pronounced by the County Court Judge, on 14th June, 1920. The Summer Assizes, 1920, were held on 18th July, but notice of appeal was not served until 21st February, 1921, to the Spring Assizes, 1921: —Held, that the judge's discretion as to amendment under the rules ought not to be exercised in such a case. Quaere, whether the judge at such assize has jurisdiction to entertain the appeal. FitzGibbon v. Tipperary County Council discussed.

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