Attorney General (Fahy) v Bruen

• Jurisdiction: Ireland
• Judgment Date: 20 October 1936
• Date: 20 October 1936
• Docket Number: (No. 11/55/36.)
• Court: Supreme Court (Irish Free State)

[S. C., I.F.S.]

[H. C., I.F.S.]

Attorney-General (Fahy)

and

Bruen

Munster and Leinster Bank, Ltd.

and

O'Shea, Mayer and Another

Procedure continued in force by Courts of Justice Act, 1924 - Appeal from decision of High Court thereon - Appeal given by Art. 66 of the Constitution - Case stated under s. 83 of the Courts of Justice Act, 1924 -No appeal from decision of High Court thereon -Consultative case stated before determination by District Justice - Summary Jurisdiction Act,1857 (20 21 Vict., c. 43), s. 6 - Constitution of the Irish Free State (Saorstát ireann) Act,1922, Sch. I, Art. 66 - Courts of Justice Act,1924, s. 83.

Government stock - Subsequent order to pay made ex parte -Common Law Procedure Act, 1853, ss. 132, 133 -R.S.C. 1905, Or. XLVI, r. 1.

The Supreme Court held as follows: —The former type of case stated, provided by the Summary Jurisdiction Act, 1857, has been continued in force by the Courts of Justice Act, 1924, as adapted by the latter Act. Section 83 of the Courts of Justice Act, 1924, provides for a new, consultative case stated before the determination of the matter by the District Justice, different from that provided by the Summary Jurisdiction Act, 1857, which provided for a case stated after the determination of the matter by the Justice. Although there was no appeal from the former King's Bench Division on a case stated under the Summary Jurisdiction Act, 1857, yet under Art. 66 of the Constitution an appeal to the Supreme Court lies from all decisions of the High Court "with such exceptions as may be prescribed by law," and, as it has been decided in Warner v. Minister for Industry and Commerce,IR[1929] I. R. 582, that "such exceptions"must be found in a law passed subsequent to the adoption of the Constitution, and as there is no such law prohibiting an appeal from a decision of the High Court on a case stated under the Summary Jurisdiction Act, 1857, such an appeal now lies. It follows, therefore, that, while by the Courts of Justice Act, 1924, there is no appeal from a decision of the High Court on a consultative case stated under s. 83 of that Act, an appeal lies from a decision of the High Court on a case stated under the adapted provisions of the Summary Jurisdiction Act, 1857, after the determination of the matter by the District...