Cohen v Ruddy

• Jurisdiction: Ireland
• Judgment Date: 24 November 1904
• Date: 24 November 1904
• Court: Court of Appeal (Ireland)

Cohen

and

Ruddy (1).

Appeal.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1905.

Practice — Equitable execution — Application by judgment creditor to be appointed receiver over rents of houses the property of the defendant.

The defendant was the owner of two houses at T., in the county of Galway, one of which was let as the police barracks at £30 a year, and the other was let at £24 a year. The rent payable by the defendant for the plot of ground on which the houses were built was £1; the taxes payable in respect of the barracks was £2 13s., and in respect of the other house 11s. The plaintiff was a judgment creditor, who had issued a writ of fieri facias against the defendant, to which there was a return of nulla bona. Plaintiff applied that he should be appointed receiver by way of equitable execution:—

Held (affirming the decision of Kenny, J.), that the application should be refused.

Orr v. Grierson (28 L. R. Ir. 20) distinguished.

Motion by plaintiff, that he be appointed receiver, by way of equitable execution, over the rents of two houses in the town of Tully, and county of Galway. On the 8th August, 1904, the plaintiff obtained judgment against the defendant for £28, and £6 14s. 4d. for costs. A writ of fieri facias had been issued on foot of the judgment, to which there was a return of nulla bona. The defendant, James Buddy, was the owner of the police barracks

in Tully, in the county of Galway, from which he received from the Royal Irish Constabulary an annual rent of £30, payable half-yearly, on the 4th January and 4th July, and was also the owner of licensed premises in the said town in the occupation of one John Connolly, from whom he received an annual rent of £24, payable half-yearly, in May and November.

In a supplemental affidavit the plaintiff stated that the defendant, James Ruddy, held the plot of ground on which both houses were built at the yearly rent of £1; that the valuation of the constabulary barracks was £15, and the taxes about £2 13s.; the valuation of the licensed premises was £2, and the taxes about 11s.

Kenny, J., refused the application on the ground that the rents over which the plaintiff sought to have himself appointed receiver were not net rents in respect of which a receiver by way of equitable execution could conveniently be appointed by the King's Bench Division.

The...