Cassidy & Company v McAloon

• Jurisdiction: Ireland
• Judgment Date: 02 February 1893
• Docket Number: (1892. No. 11,899.)
• Date: 02 February 1893
• Court: Queen's Bench Division (Ireland)

Appeal.

Before WALKER, C., PALLERS, C. B., and FITZ GIBBON and BARRY, L. JJ.

(1892. No. 11,899.)

CASSIDY & CO. (LIMITED)

and

SARAH M'ALOON, ADMINISTRATRIX OF ANDREW M'ALOON, DECEASED

Anlaby v. ProetoriusELR 20 Q. B. Div. 764.

Alexander M'FerranDLTR 26 Ir. L. T. R. 21, 33.

Practice — Specially indorsed writ — "Statement of claim" — Signature ——

Appeal. CASSIDY & CO. (LIMITED) V. SARAH M'ALOON, ADMINIS 1893. TRATRIX OF ANDREW M'ALOON, DECEASED (1). (1892. No. 11,899.) Practice-Specially indorsed writ-" Statement of claim"-Signature-Order III., Rule 6-Order XIV. In order to enable the plaintiff to obtain final judgment, as on a specially indorsed writ, the indorsement of the plaintiff's claim on the writ must be headed with the words " statement of claim," and must be signed at the foot. APPEAL from an order of the Queen's Bench Division, dated 13th January, 1893, giving liberty to the plaintiffs to sign final judgment de bonis testatoris against the defendant as administraÂtrix of Andrew M'Aloon, deceased. The writ of summons in the action was indorsed as follows :- "STATEMENT OF CLAIM. " Plaintiff's claim is against the defendant as administratrix of Andrew II'Aloon, deceased, for the price of goods sold and deÂlivered, and for cash advanced by the plaintiffs to the said Andrew M'Aloon, deceased, in the years 1889, 1890, 1891, and 1892. " The following are the particulars :- " 1892. November 26. To balance due for goods sold and delivered, and for cash advanced by the plaintiffs to the said Andrew IIDAloon in the said years as per account furnished at this date, £135 12s. 7d., and £2 108. for costs, and upon payment, a." The indorsement of the plaintiffs' claim was not signed. Jefferson, for the appellant. Drummond, Q.C., and Dickson, for the respondents. VOL. XXXII.] Q. B. & EL DIVISIONS. 369' WALKER, C. :- We are of opinion that this order giving liberty to sign final judgment ought not to have been made. It is only by virtue of a special statutory jurisdiction that final judgment can be obtained summarily in an action. By the common law a plaintiff has no right or power to obtain a judgment summarily, and if he wishes to avail himself of the statutory jurisdiction he is bound to comply strictly with the requirements of the Rules. To entitle the plaintiff in this action to uphold the order which he has obtained in the Queen's Bench Division his writ should have been specially indorsed with a statement of his claim in accordance with...