Clare County Board of Health v Crowe; Same v Boyle

JurisdictionIreland
Judgment Date01 November 1940
Date01 November 1940
CourtHigh 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...

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1 cases
  • Lawless v Losty
    • Ireland
    • High Court
    • 30 Julio 1942
    ...to apply for summary judgment under Or. XVI, r. 1 (iv) of the Rules of the Circuit Court. Clare County Board of Health v. Crowe,IR [1940] I. R. 180, distinguished. (Cir. Ct.), Lawless and Losty Circuit Court - Appearance entered and defence filed prior to application - Jurisdiction of Court......

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