Byrne v Lancaster and Gartland

JurisdictionIreland
Judgment Date01 January 1958
Date01 January 1958
CourtCircuit Court
(Cir. Ct.),
Byrne
and
Lancaster and Gartland

Proceedings against two defendants in action grounded on the same cause -Action dismissed as against one defendant -Liability of unsuccessful defendant for costs of successful defendant - Grounds for making order - Discretion - Dogs killing sheep - Courts of Justice Act, 1936, s. 78.

The plaintiff sued two alleged dog owners for the killing of his sheep. On an application by the plaintiff for an order that the defendant, against whom the plaintiff had...

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3 cases
  • White v Bar Council of Ireland
    • Ireland
    • High Court
    • 3 April 2017
    ...action, and, unless he has failed, the Court has no jurisdiction to make an order under s 78.' e. Byrne v. Lancaster and Gartland [1958] Ir Jur Rep 51 18 The plaintiff in this case sued two alleged dog-owners for the killing of his sheep. The plaintiff sought an order that the defendant ag......
  • White v Bar Council of Ireland
    • Ireland
    • Court of Appeal (Ireland)
    • 23 February 2018
    ...followed. Cases mentioned in this report: ACC Bank plc v. Lynn [2015] IESC 100, [2015] 2 I.R. 688. Byrne v. Lancaster and Gartland [1958] Ir. Jur. Rep. 51. Cussens v. Brosnan (Inspector of Taxes) [2015] IESC 48, (Unreported, Supreme Court, 20 May 2015). K.D. (otherwise C.) v. M.C. [1985] I.......
  • Clancy v North End Garage (Wexford) Ltd
    • Ireland
    • Supreme Court
    • 21 May 1969
    ...for Keane's costs of the trial. 1 [1907] 1 K.B. 264. 2 [1949] 2 All E.R. 82. 3 [1914] 3 K.B. 181. 4 [1938] Ir. Jur. Rep. 64. 5 [1958] Ir. Jur. Rep. 51. 6 [1944] I.R. 7 96 I.L.T. & S.J. 56. 8 See p. 123, ante. 9 See p. 123, ante. ...