Century Insurance Company Ltd v Larkin

• Jurisdiction: Ireland
• Judge: M. R.
• Judgment Date: 01 February 1910
• Court: Chancery Division (Ireland)
• Date: 01 February 1910

In the Matter of an Indenture of Mortgage, Dated the 28th Febrdary, 1908. The Century Insurance Co., Ltd.

and

Laurence Larkin.

M. R.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

The HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1910.

Practice — Motion for attachment — Indorsement on order — Order XLI, R. 4

The Court will not attach a person for disobedience to an order of the Court requiring the person to do a given act within a given time, unless a copy of the order, with a proper indorsement, is served upon him in due time, in accordance with the provisions of Order XLI, R. 4.

The fact that the person sought to be attached for disobedience was present in Court when the order was made, is not sufficient to dispense with such service of the order.

A person who was ordered by the Court to deliver up clear and absolute possession of certain premises on or before the 15th January, 1910, refused to deliver up possession of the premises on the 17th January, 1910. He had been present in Court when the order was made, and this fact was recited in the order, but no copy of the order was served upon him till the 18th January, 1910. The Court refused to make an order attaching him for contempt.

Hearne V. Tennant (14 Ves. 136) Distinguished.

Motion to attach the defendant for contempt of Court.

By an order of the Master of the Rolls, dated the 20th December, 1909, it was ordered that the defendant, Laurence

Larkin, against whom the present application was made, “do, on or before the 15th day of January, 1910, deliver up to the plain-tiffs, or to a person duly authorized by them in that behalf, clear and absolute possession of the house and premises No. 37 Monks-town Road, Monkstown.” The defendant was present in Court when this order was made, and the fact of his so being present was recited in the order. He was on that occasion warned by his Lordship not to disobey the order. On the 12th January, 1910, the plaintiffs' solicitors wrote to the defendant, asking if 12 noon on Saturday, the 15th January, would suit him to give up possession of the premises. The defendant made no reply to this letter. The plaintiffs took no further step till Monday, the 17th January, when a representative of the plaintiffs' solicitors attended at 37 Monkstown Road, to take up possession of the premises, which the defendant refused to give. No copy of the order of the 20th December, 1909, ordering the...