O'Conghaile v Wallace and Others

CourtSupreme Court (Ireland)
Judgment Date01 January 1938
Date01 January 1938
[S. C., I.F.S.]
Wallace and Others

Order giving leave to issue an order for attachment - Order for attachment issued -Plaintiff arrested and imprisoned thereunder -Both orders subsequently quashed on certiorari - Plaintiff released on habeas corpus application - Action for wrongful arrest and false imprisonment brought by plaintiff against person obtaining the orders, the County Registrar of the Circuit Court and the Prison Governor - Defence of justification as acts done under orders of Circuit Court Judge - Plaintiff's reply merely a joinder of issue - Omission to state, by way of special reply, that orders were quashed on certiorari -Insufficiency of pleading - Whether defendants entitled to judgment - How far order of inferior Court erroneous in form justifies acts done under it - Form of order in Circuit Court - Whether necessary to show jurisdiction ex facie - Whether reviewable on certiorari - Alleged wrongful treatment of plaintiff while in prison - Prison rules -General Prisons (Ir.) Act, 1877 (40 41 Vict. c. 49), ss. 13 and 49 - County Officers and Courts (Ir.) Act, 1877 (40 41 Vict. c. 36), ss. 33, 34 -Courts of Justice Act, 1924 (No. 10 of 1924), ss. 48, 51, 56, 57 - Court Officers Act, 1926 (No. 27 of 1926), s. 65 (2) - County Courts (Ir.) Orders, 1890, Or. XXXVI, r. 22 - Rules of the Supreme Court (Ir.), 1905, Or. XIX, r. 16; Or. XLII, rr., 7, 8, 10 and 13; Or. XLIV, rr.2 and 3 - Rules of the High Court and Supreme Court, 1926, Or. XXIII - Rules of the Circuit Court, Or. XX; Or. XLI, rr. 6 and 7 - Rules made by General Prisons Board for Ireland, 1915 (Stat. R. Or., 1915, No. 347) - Practice -Procedure - Admission of documents.

In June, 1935, W. brought proceedings in the Circuit Court against O'C. and others, claiming an injunction to restrain them from interfering with his exclusive right of fishing in a certain lake. The Circuit Court Judge granted the injunction but O'C. disobeyed it, and W.served a notice of motion for an order of committal against O'C. for such disobedience. When the motion was heard on the 4th August, 1936, the Circuit Court Judge made an order that W. be at liberty to issue an order directed to the Commissioner and Officers of the Gárda Siochána and to the Governor in charge of Limerick Prison for attachment against O'C.for his contempt in disobeying the said injunction. Pursuant to this order a further order was made on the 7th August, 1936, and was forwarded, with the order giving leave to...

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1 cases
  • Gildea v Hipwell
    • Ireland
    • Supreme Court
    • 22 May 1942
    ...... Dictum of FitzGibbon J. in O'Conghaile v. Wallace , [1938] I. R. 526 ,at p. 559, applied. (2) The committal order was not in the nature of an ... Following the judgment of the Supreme Court in O'Conghaile v. Wallace and Others (1) it falls to be determined whether this action is maintainable and what damages (if any) are ......

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