Beamish and Another v Cox

JurisdictionIreland
Judgment Date11 July 1885
Date11 July 1885
CourtCourt of Appeal (Ireland)

Appeal.

BEAMISH AND ANOTHER
and
COX

Henry v. Smith 2 Dr. & War.381.

Sutton v. Sutton 22 Ch.Div.511.

Landlord and tenant Licensed premises Monthly tenancy Notice to quit.

impliedly, repealed. If this is so, the right of the Plaintiff against the Defendants' personal chattels is equally barred by the lapse of twelve years from the entry of the judgment without anything equivalent to revivor, or without payment or acknowledgment in the meantime, according to the principle established by Henry v. Smith (1), and Sutton v. Sutton (2). As tersely stated by Lord. St. Leonards in his Essay on the Real Property Statutes, pp. 123, 124, " as one remedy, namely, that against land, is barred by the statute, the remedy against the personal estate is held to be barred also; for if the action is brought so as to charge the personal estate,. the answer is obvious. You have brought your action in respect of a sum of money .. . payable out of real estate ; you are, thereÂÂfore within the terms of the Act, and therefore your right is barred." Solicitor for the Plaintiff : J. Frost, Solicitor for the Defendants : T. Kelly. BEARISH AND ANOTHER . COL Landlord and tenant-Licensed premises-Monthly tenancy-Notice to quit. APPEAL by the Defendant from the order of the Queen's Bench Division, dated the 4th June, 1885, making absolute a conditional order to enter the verdict and judgment for the PlainÂÂtiffs. See the report of the case in the Court below, ante, p. 270. O'Riordan, Q. C., and 111'Carthy Mahony, for the Appellant. . J. Clarke Lane, Q. C., and F. Fleming, for the Respondents, were not called on. (1) 2 Dr. & War. 381. (2) 22 Ch. Div.,511. Vox,. XVI.] Q. B., C. P., & EL DIVISIONS. 459 • THE COURT (LORD ASHBOURNE, C., and FITZ GIBBON and Appeal. BARRY, L.JJ.) affirmed the judgment of the Queen's Bench Divi- 1885. sion, and dismissed the appeal. Solicitor for the Appellant : H. B. Julian. Solicitors for the Respondents : Bass sf Co. BEARISH V. COL THE GUARDIANS OF THE POOR OF THE ATM Div. UNION v. PRATT. 1885. April 27, 28, Action to recover possession of land-Writ of possession-Execution-Notice to 29' relieving:officer-Penalty-11 (5. 12 Vict. c. 47, ss. 2, 6-Costs-Judicature Appear. Act, 8. 63. July 8. Aug. 7. The provisions of the 11 & 12 Vict. c. 47, sect. 2 (1), respecting the conÂÂtents of the notice required to be given to the...

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1 cases
  • Hynes v Walsh
    • Ireland
    • Circuit Court
    • 24 Junio 1994
    ... ... CARROLL 25.2.82 1982/13/2584 WOODFALL ON LANDLORD & TENANT (1994) PARA 17.202 VONE SECURITIES LTD V COOKE 1979 IR 59 BEAMISH V COX 16 LR IR 270 COYLE V DUDDY 33 ILT 322 KANE & ANOR V MCCABE 1952 IJ 41 LYNCH V GLOVER 30 ILT 10 QUEENS CLUB GARDENS ... ...

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