Campbell v M'Clelland O'Donnell v Callanan

• Jurisdiction: Ireland
• Judgment Date: 08 June 1886
• Date: 08 June 1886
• Court: Chancery Division (Ireland)

C. P. Div.

Ex. Div.

Appeal.

CAMPBELL

and

M'CLELLAND

O'DONNELL

and

CALLANAN.

Wheeler v. The United Telephone Co.ELR13 Q. B. D. 597.

Spurr v. HallELR2 Q. B. D. 615.

Berdan v. GreenwoodELR3 Ex. D. 251.

Coughlan v. MorrisUNK 6 L. R. Ir. 405.

Hawkesley v. BradshawELR5 Q. B. D. 302.

Costellow v. ColganUNK 13 Ir. L. T. 61, 373.

Pleading Trespass Action to try a question of title Injuction Payment into Court of nominal sum concurrently with pleas disputing plaintiff's title Embarrassment.

444 LAW REPORTS (IRELAND). [L. R. I. .Ex. Div. His Lordship then ordered that the defendant be committed to 1887. prison for six weeks, or until she should pay the sum of 20 (the JOHNSTONE amount of the first instalment due), together with sheriff's fees BROWNE. for the execution of the committal order, and the plaintiff to have 3 3s., for the costs of the motion. Solicitor for the plaintiff : J. B. Byrne. C. P. Div. 1886. April 16. Ex. Div. Pleading-Trespass-Action to try a question of title-Injunction-Payment 1886. into Court of nominal sum concurrently with pleas disputing plaintiff May 13. title-Gen. Ord. XXX.-Embarrassment. Appeal. In actions of trespass to try a question of title, and in one of which the 1886: plaintiff also claimed an injunction, the defendants pleaded inter alia-1, de June 2, 3' 8. fences disputing or limiting the title of the plaintiffs ; and, 2, in the alterna tive, payment of a nominal sum into Court in the form sanctioned by Berdan v. Greenwood (3 Ex. Div. 251). The plaintiff in each action admitted at the bar • that the nominal sum in Court was sufficient to cover his claim for pecuniary damages : Held, by the Court of Appeal (affirming the decisions of the Common Pleas and Exchequer Divisions, and the defendants having refused. to elect between either class of defences), that the pleas of payment into Court should be struck out, as embarrassing the trial of the questions of title, which these actions were brought to decide ; and (dub. Porter, M.R.) that the same grounds of objection to allowing both classes of defence to be pleaded simultaneously applied with equal force to the case in which an injunction was prayed. The practice to be adopted in such cases considered and explained. O'DONNELL V. CALLANAN. MOTION on behalf of the plaintiff that the 6th paragraph of the defence, in so far as it purported to be a defence to the first paragraph of the statement of claim, be struck out or amended se as to constitute a defence to the second paragraph of the statement of...