Attorney General (Fahy) v Bruen

JurisdictionIreland
Judgment Date20 October 1936
Date20 October 1936
Docket Number(No. 11/55/36.)
CourtSupreme 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...

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15 cases
  • State (Browne) v Feran
    • Ireland
    • Supreme Court
    • 24 July 1967
    ...there was no relevant restriction. Warner v. Minister for Industry and CommerceIR [1929] I.R. 582 and Attorney-General (Fahy) v. BruenIR [1936] I.R. 750 approved. The State (Burke) v. LennonIR [1940] I.R. 136 not applied. 2. That the appeal should be dismissed as the conviction and order of......
  • A.B. v Minister for Justice
    • Ireland
    • Supreme Court
    • 30 January 2002
    ...Appeals Authority, Ireland and the Attorney General Respondents Cases mentioned in this report:- Attorney General (Fahy) v. Bruen [1936] I.R. 750; (1936) 70 I.L.T.R. 247. Attorney-General v. Murray (No. 2) [1926] I.R. 300; (1925) 59 I.L.T.R. 112. Brady v. Donegal County Council [1989] I.L.R......
  • Minister for Justice v Wang Zhu Jie
    • Ireland
    • Supreme Court
    • 1 January 1993
    ...Garda Brendan Clarke) Complainant and Wang Zhu Jie Defendant Cases mentioned in this report:— The Attorney General (Fahy) v. Bruen [1936] I.R. 750; (1936) 70 I.L.T.R. 247. B. v. B. [1975] I.R. 54. Beecham Group Ltd. v. Bristol Myers Co. [1983] I.R. 325; [1983] I.L.R.M. 500. Campus Oil Ltd. ......
  • People v O'Shea
    • Ireland
    • Supreme Court
    • 1 January 1983
    ...Court of Saorstat Eireann followed its decision in the Warner case in In re Domville's Estate 1930 I.R. 640 and in A.G.(Fahy) v. Breen 1936 I.R. 750 while this Court affirmed its conclusion in the Feran case in the subsequent cases of In bonis Morelli; Vella v. Morelli 1968 I.R. 11 and T......
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