Clare County Board of Health v Crowe; Same v Boyle

• Jurisdiction: Ireland
• Judgment Date: 01 November 1940
• Date: 01 November 1940
• Court: High Court

Clare County Board of Health

and

Crowe

Same

and

Boyle

Ejectment civil bill on the title - Application for summary judgment Not sustainable where appearance entered - Rules of the Circuit Court, Or. XVI, r. 1 (iv) - Judgment obtainable in such ejectment under Or. XVI, r. 6, where there has been default of appearance or defence.

Plaintiffs, who had issued an ejectment civil bill on the title to which an appearance and a defence had been entered, were held not entitled to apply for summary judgment under Or. XVI, r. 1 (iv), of the Rules of the Circuit Court, but where the plaintiffs had issued another ejectment civil bill on the title to which no appearance had been entered it was held that under r. 6 of Or. XVI the rules as to...