Clery & Company (1941) Ltd v O'Donnell

Judgment Date01 January 1944
Date01 January 1944
CourtHigh Court

Schoolmistress - Married woman -Instalment of salary actually due - Practice -Procedure.

The Court appointed a receiver over an instalment of salary which had accrued due to a national schoolmistress, who was a married woman and who owed a debt payable out of her separate estate. When it is sought to appoint a receiver over an instalment of salary, the proper procedure is to apply to the Court on notice and not ex parte. Clery & Co. (1941)

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3 cases
  • ACC Loan Management v Rickard
    • Ireland
    • Supreme Court
    • 9 May 2019 pension benefits should be made on notice. ( Campbell v. Usher [1913] 47 ILTR 165). So, too, with salaries. ( Clery v. O'Donnell [1944] 78 ILTR 190). The procedure is slightly different in the Circuit Court. (See, on this, Collins ‘Enforcement of Judgments’, Round Hall, 2014, Chap. 12).......
  • O'Connell v an Bord Pleanála
    • Ireland
    • High Court
    • 19 February 2007
    ...which have already accrued due and which have not as yet been paid over to a defendant. See the decision in Cleary v. O'Donnell [1944] 78 ILTR. 190. In exceptional circumstances, however, this rule has been relaxed, and counsel for the plaintiff has referred me to the decision in Orr v. Gri......
  • Ahern v Michael O'Brien & Company Ltd
    • Ireland
    • High Court
    • 1 January 1991
    ...cause were shown by the debtor to the contrary before the date specified in the said order: ~Clery & Co. (1944) Ltd. v. O'Donnell~ 78 I.L.T.R. 190, ~Orr v. Grierson~ 28 L.R. Ir. 20 and ~Coen v. Ruddy~ [1905] 2 I.R. 56 considered - (1984/559 - O'Hanlon J. - 8/5/89) - [1991] 1 I.R. 421 |Aher......

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