Carey v Browne

• Jurisdiction: Ireland
• Judgment Date: 10 June 1854
• Date: 10 June 1854
• Court: High Court of Chancery (Ireland)

Chancery.

CAREY

and

BROWNE.

1854. Chancery. LEACH V. TISDAL. Judgment. 210 CHANCERY REPORTS. moved in the Rolls, but his Honour refused to make the order, on the ground that it was contrary to the practice of the Court to nominate in a consent a particular person as receiver. The LORD CHANCELLOR. I think the practice quite right ; I have often acted on it. Besides, no appeal has been lodged. I cannot make the order. CAREY v. BROWNE. June 10. Tars was a motion by way of appeal from an order made by his Honour the Master of the Rolls, by which he had refused to reinÂÂstate a cause petition which stood dismissed by the operation of the 27th General Order of the 31st July 1851. No cause save the inadÂÂvertence of the solicitor for the petitioner was suggested as a reason for the delay in setting down the cause. The LORD CHANCELLOR. The question here is, whether I can consider this as a case where special grounds for reinstating this petition have been made ? A special motion is necessary in order to have a petition reinstated. The 27th Order declares expressly that such motion must be made by the person presenting the petition, not by the respondent who opposes the reinstatement. The object of the Rule was to do away with the expense and the delay which formerly existed : the rules to speed the cause, the motions to dismiss, the motions for leave to amend, and all the rest of the costly machinery which, under prior systems of Chancery practice, embarrassed the parties, CHANCERY REPORTS. 211 and created expense. Here, then, is a plain and simple Rule. It does not appear that the attorney for the petitioner has mistaken that Rule ; nothing occurred to throw him off his guard. He asks the relief merely on the ground that his client is very poor and may be embarrassed, and that the delay was caused by inadvertence. Now, it must be remembered that whatever I do here serves for the guidance of the other branch of the Court, and as a rule to be acted on on future occasions, and the judgment on this motion would lay down a principle for that purpose. I confess I am anxious not to...