O'Conghaile v Wallace and Others

[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...

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