Attorney General v Callaghan

JurisdictionIreland
CourtHigh Court (Irish Free State)
Judgment Date01 January 1937
Date01 January 1937
[H. C., I.F.S.]
Attorney-General
and
Callaghan

Offence charged under Illicit Distillation (Ir.) Act, 1831 - Summons - Accused summoned to appear more than fourteen days from date of summons - Validity of summons - Illicit Distillation (Ir.) Act, 1931 (1 2 Wm. 4, c. 55), ss. 27 and 32 - Illicit Distillation (Ir.) Act, 1857 (20 21 Vict. c.40), s. 6 - Petty Sessions (Ir.) Act, 1851 (14 15 Vict. c. 93), s. 12, par. 3 - Rule 15, District Court Rules.

Section 32 of the Illicit Distillation (Ir.) Act, 1831, provides that where any complaint shall be made to any Justice or Justices of the Peace for the recovery of any penalty under the Act, the Justice or Justices to whom such complaint shall be made is and are authorised and required...

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5 cases
  • State (Lynch) v Ballagh
    • Ireland
    • Supreme Court
    • 1 January 1987
    ...v. BALLAGH THE STATE (LYNCH) v. DISTRICT JUSTICE BALLAGH Citations: AG V BRUEN & KELLY 1935 IR 615 AG V BURKE 1955 IR 30 AG V CALLAGHAN 1937 IR 386 AG V HEALY 1928 IR 460 AG, PEOPLE V BOGGAN 1958 IR 67, 1 FREWEN 504 AG, STATE V FAWSITT 1955 IR 39 BATCHELOR & CO, STATE V O FLOINN 1958......
  • DPP v District Judge Elizabeth McGrath
    • Ireland
    • Supreme Court
    • 21 September 2021
    ...not merely by those cases which were referred to in the report ( A.G. v. Bruen and Kelly [1935] I.R. 615 and A.G. v. Callaghan [1937] I.R. 386) where departures from procedure prescribed by statute in rules made under the 1924 Act were upheld as permissible modifications or adaptations, but......
  • Kerry County Council v McCarthy
    • Ireland
    • Supreme Court
    • 28 April 1997
    ... 1954 IR 295 LYNCH, STATE V BALLAGH 1986 IR 203 COURT OFFICERS ACT 1926 S48 DCR r30(1)(c) AG V BRUEN & KELLY 1935 IR 615 AG V CALLAGHAN 1937 IR 386 BATCHELOR & CO (IRL) LTD, STATE V O FLOINN & ANOR 1958 IR 155 RAINEY V DELAP 1988 IR 470 O'ROURKE, STATE V KELLY 1983 IR 58 Synopsis: Land......
  • State (O'Flaherty) v O'Floinn
    • Ireland
    • Supreme Court
    • 1 January 1956
    ... ... From the above judgment the District Justice and the Attorney General appealed to the Supreme Court (1) ... It is provided by s. 21 of the Indictable ... Callaghan (3) ). We were also referred to the dictum of gavan Duffy J. (as he then was) in The People v ... ...
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