Barrett v Goodman

• Jurisdiction: Ireland
• Judgment Date: 15 April 1893
• Date: 15 April 1893
• Court: High Court

Gibson, J.

BARRETT

and

GOODMAN.

Gallagher v. HewitsonDLTR 25 Ir. L. T. R. 87.

Chadwick v. AtkinsonUNKUNK 2 Ir. C. L. R. 37; affirmed in Error 3 Ir. C. L. R. 425.

Re WatsonELR [1893] 1 Q. B. 21.

27 & 28 Vict. c. 99, s. 15, Sch. B, part 2 35 & 36 Vict. c. 57, s. 6 40 & 41 Vict. c. 56 & Committal of debtor by inferior Court Sheriff's fees.

VOL. )qXII.] Q. B. & 4X.. DI VISIONS. 213 BARRETT v. GOODMAN. Gibson, 1893. 27 L 28 Vict. c. 99, s. 15, Sch. B, part 2-35 4. 36 Vict. c. 57, s. 6-40 c5" 41 March 13. Vict. c. 56-County Court (Ireland) Rules, 1890, Ord. XXVII., Br. 7 April 15. and 9, Form 59-Committal of debtor by inferior Court-Sheriff's fees. A creditor who obtains in the County Court a committal order against a debtor, on which the debtor is subsequently arrested, is not entitled to recover the sheriff's fees paid on the execution of the order. Semble.-The rules and forms made under the County Courts and Officers (Ireland) Act, 1877, so far as they throw upon the debtor the liability to pay these fees, are ultra vires. CIVIL-BILL APPEAL from a decision of the County Court Judge of the county of Kerry. The defendant was sheriff of the county of Kerry ; and, prior to the execution by him of an order for comÂÂmittal, obtained in the County Court by the plaintiff against a debtor, he received from the plaintiff the sum of 1 as his fees and mileage in respect of the order, under 27 & 28 Viet. c. 99, s. 15. The sheriff thereupon arrested the debtor and lodged him in jail, but having received from him the amount of the debt and costs decreed, but not the 1, the amount of his fees, subsequently procured his release. The plaintiff refused to accept the debt and costs without having the 1 returned to him, and instituted proÂÂceedings by civil-bill process against the sheriff for the entire amount. The County Court Judge, not following the decision in Gallagher v. Hewitson (1), gave a decree against the defendant for the full amount. The defendant appealed to the Judge of Assize. D. M' C. Mahony, for the plaintiff, g R. Wade, for the defendant. (1) 25 Ir. I. T. R. 87.. Q2 214 LAW REPORTS (IRELAND). [L. R. I. GIBSON, J. :- This was an action to recover from the defendant, as sheriff, a sum of 1 11s. 9d., 1 of which was sheriff's fees paid by plainÂÂtiff in respect of a committal order obtained by him as creditor, which fees the sheriff had omitted to levy or obtain from the debtor. Judge Shaw gave a decree, dissenting from the decision of Judge Webb in...