Dollard Ltd v Brennan

Judgment Date08 November 1927
Date08 November 1927
CourtSupreme Court (Irish Free State)
S. C.,
Dollard Printing House, Ltd.
Brennan and The Killeen Paper Mills, Ltd.

Right to jury - Restrictions imposed by Courts of Justice Act, 1924 (No. 10 of1924), s. 94 - By what Judge the right to have a jury is to be determined - Liquidated sum claimed - Discretion of Judge - Jury where necessary or desirable for proper trial - Appeal.

Section 94 of the Courts of Justice Act, 1924 (No. 10 of 1924), enacts:—"Nothing contained in this Act shall take away or prejudice the right of any party to any action in the High Court or the Circuit Court (not being an action for a liquidated sum, or an action for the enforcement, or for damages for the breach of a contract) to have questions of fact tried by a jury in such cases as he might heretofore of right have so required in the Supreme Court of Judicature in Ireland, and with like directions as to law and evidence, but no party to an action in the High Court or the Circuit Court for a liquidated sum, or an action for the enforcement or for damages for the breach of a contract or in an action for the recovery of land shall be entitled to a jury unless the Judge shall consider a jury to be necessary or desirable for the proper trial of the action, and shall of his own motion or on the application of any party so order . . ."Plaintiffs' specially endorsed writ claimed £353, money paid by them in respect of paper ordered by the defendant B. (who was their manager), from an English firm, and delivered by that firm to the mills of the other defendants, the K. Paper Mills, Ltd., a company owned by B.The defence pleaded by both defendants was that the money was not paid on their behalf and that they did not receive or use the goods. In the plaintiffs affidavit, used on a motion for leave to mark final judgment, which application had been refused, it was suggested that the defendant, B., had taken advantage of his position as their manager to order paper in their name, without authority, and to use it for his own purposes, and it was alleged that he made a...

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