Doherty v M'Daid

• Jurisdiction: Ireland
• Judgment Date: 31 January 1866
• Date: 31 January 1866
• Court: Consolidated Chamber (Ire)

Consol. Cham.

DOHERTY

and

M'DAID.

xxii Appendix. T. T. 1864; FITZGERALD, J. Queen's Bench I concur in the conclusion that the summons and plaint states a QUANE contract, and alleges a duty exactly co-extensive with the terms of V. that contract. That appears to me to bean action of contract FRAZER. within the meaning of the Common Law Procedure Act. If it could have been shown that the duty was more extensive than the contract, that would have altered my view. DOHERTY v. AVDAID.* (Consolidated Chamber.) Tuts was an application to Mr. Justice O'HAGAN, under the 19 & 20 Vic., c. 113, s. 63, for an order that certain garnishees should appear before the Judge or Master, as such Judge should appoint, to show cause why they should not pay Hugh Doherty, the judgÂment creditor, certain debts due by them to James M'Daid, the judgÂment. debtor. The plaintiff had, on the 12th of August 1865, recovered a judgment in the Court of Common Pleas for the sum of £85. 6s. 4d., including debts and costs. On the 31st of January last, O'HAGAN, J., had granted the usual order, attaching the eight different debts due by the following persons respectively to the defendant : £7 due by Daniel M'Groniglecfor money lent ; £4 due by Cornelius M'Daid, do.; £3 due by William Doherty, do.; £5 due by Charles M'Gonigle, do.; £4. 8s. 6d. due by John Doherty on foot of a civil bill decree, in hands of the Sheriff, not yet executed ; £3. 12s. 6d. due by John Harkin, do.; £6 due by Peggy Doherty for money lent. On that occasion O'HAGAN, J., declined to make the conditional order to pay the debts- so attached. .11PConehy. I hold in my hand an order of the Court of Exchequer, made in a precisely similar case. That order bears date the 12th of May • O'R&GAW, J. (in Chamber.) Appendix. xxiii 1863, and was made in the case of Murphy v. Walsh. That case is H. T. 1866. Consol. DOHERTY V. M`DAID. O'HAGAN, J. You may take the order. Application granted. WILLIS v.- GILDEA. (Common Pleas.) By bond, dated the 4th...