Delany v Jones (No. 2)
Jurisdiction | Ireland |
Judgment Date | 12 May 1939 |
Date | 12 May 1939 |
Court | Supreme Court |
Proceedings brought in High Court - Transferred for hearing to Circuit Court - Order for possession made in Circuit Court - Appeal to High Court - Appeal dismissed and order for possession issued from High Court - Action for restitution of possession by ejected tenant - Lodgment of rent and arrears in High Court and action for restitution brought therein - Court in which "action brought" -Landlord and Tenant Law Amendment Act (Ir.),1860 (23 24 Vict., c. 154), ss. 70 and 71 -Equitable jurisdiction of High Court to order restitution of possession.
An action for recovery of possession of certain leasehold premises for non-payment of rent was commenced by summary summons, but transferred to the Circuit Court for hearing. A decree for possession was there made, and an appeal taken by the tenant to the High Court was dismissed. An order for possession then issued from the High Court. Subsequently the tenant applied under ss. 70 and 71 of the Landlord and Tenant (Ir.), Act, 1860, for an order for restitution of possession and the High Court granted the order. From this order the landlord appealed to the Supreme Court, contending that the wrong procedure had been followed. Held by the Supreme Court (Sullivan, C.J., Murnaghan, Meredith, Geoghegan, and Johnston, JJ.) that the appeal must be dismissed. Per Sullivan, C.J. (Murnaghan, Geoghegan and Johnston, JJ. concurring), that the High Court was the Court in which the action for recovery of...
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