Bailey v Mason

• Jurisdiction: Ireland
• Judgment Date: 07 June 1852
• Date: 07 June 1852
• Court: Court of Common Pleas (Ireland)

Common Pleas.

BAILEY

and

MASON.

Green's case Cro. Eliz. 3.

Doe d. Nash v. BirchENR 1 M. & W. 402.

Roe. d. Crompton v. Minshall Bull. N. P. 96; S. C. Selw. N. P., 11 ed., 716.

Hume v. Kent 1 Ball & Beat. 554.

Pennant's caseUNK 3 Rep. 64.

Doe d. Cheney v. Batten Cowp. 243.

Roe d. Gregson v. HarrisonENR 2 T. R. 425.

Ward v. WillingaleENR 1 H. Bl. 311.

Doe v. HamphreyENR 2 East, 237.

Doe d. Griffith v. PritchardENR 5 B. & Ad. 765.

Malone v. Malone 1 Ball & Beat. 554.

Jones v. CarterENR 15 M. & W. 718.

Doe d. Morecraft v. MeuxENR 1 C. & P. 46.

Dwyer v. Peacock 2 F. & S. 34.

Doe d. Holmes v. DarbyENR 8 Taunt. 538.

Lord Ashbrook v. Dowling Batty, 13.

Lessee Dawson v. Coghlan Hayes, 509.

Treston v. Handcock Smythe, Ir. Rep. 6.

Nuttall v. StauntonENR 4 B. & C. 51.

Bridges v. SmythENR 5 Bing. 410.

582 COMMON LAW REPORTS. T. T. 1852. CommonPleas. BAILEY v. MASON. April 27, June 1, 7. (Common Pleas.) Where the Tins was an ejectment for non-payment of rent. The case was plaintiff, after the service of tried before the Hon. Mr. Justice JACKSON, at the Spring Assizes the writ of summons in of 1852 for the county of Kerry. The case was argued at first on ejectment for non-payment a motion for a new trial, and afterwards (at the desire of the Court) of rent, &- trained for on a bill of exceptions taken by the defendant to the ruling of the rent which learned Judge. The facts of the case, notes subsequently th as they appeared by the became due ; of the learned Judge, and afterwards by the bill of exceptions, were and by the notice of dis as follow :-The writ of summons in ejectment was served on the tress stated that such dis- defendant on the 6th of June 1851, and the defendant appeared tress was made without pre- thereto on the 21st of the same month. On the trial the plaintiff judice to the year's rent due proved a lease, dated the 5th of July 1847, made between the on the 25th of March, and plaintiff of the one part, and the defendant of the other part, by f or which ejectment pro- which the plaintiff demised to the defendant the house and demesne ceedings were then pending : lands of Aghamore-being the lands for which the ejectment was -Held, that such distress brought-for eighteen years, from the 25th of March 1840, and did not operate for such further term as the plaintiff should obtain from the person as a waiver of the ejectment. COMMON LAW REPORTS. 5S3 distrained, for a-half-year's rent due on the 29th of September 1851, and on that occasion served a notice of distress in the followÂing terms : "Take notice that I have this day entered and made a distress " for rent on all that and those the lands and premises of Ahermore, " in the barony of Claremorris, and county of Kerry, for the sum of " £119. 5s. 3d., being the amount of the rent demanded, and the " time and times when the same accrued due as follows, viz. :- " £119. 5s. 3d., half a-year's rent due and ending the 29th day of " September 1851: £* rent due and ending* day of 18* rent due and ending* day of 18* £119. 5s. 3d., withÂ" out prejudice to the year's rent due the 25th of March last, "for which ejectment proceedings are now pending. And I have " made such distress by the authority of Robert Bailey, of 35 South " Mall, in the city of Cork, the party entitled to the said rent ; and " unless such rent, and the charges of such distress, be paid within " fourteen days from the date hereof, the goods and chattels so disÂ" trained will be disposed of according to law, for satisfaction of such " rent and charges." The defendant, having further proved that a sale of the goods distrained took place, and that the sum of £47 was realised thereby, called upon the learned Judge to direct a verdict for him, on the ground that the distress and sale under it amounted to a waiver of the ejectment. The learned Judge having declined to adopt this course, the jury, under his Lordship's direction, found a verdict for the plaintiff. The case was argued, on showing cause...