Donohoe v Flavelle

• Jurisdiction: Ireland
• Court: King's Bench Division (Ireland)
• Judgment Date: 17 November 1915
• Date: 17 November 1915

Donohoe

and

Flavelle (1).

K. B. Div.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1916.

Practice — Service out of the Jurisdiction — Notice of Motion for liberty to issue Execution under Order XLII, rule 24 — Notices under Courts (Emergency Powers) Act, 1914 (4 & 5 Geo. 5, c. 78).

Leave may be given to serve out of the jurisdiction a notice of motion for liberty to issue execution under Order XLII, rule 24 (a), six years having elapsed since the judgment, and there having been a change in the parties.

Leave may also be given to serve out of the jurisdiction the necessary notices required by the Courts (Emergency Powers) Act, 1914.

Application on behalf of T. J. Little for liberty to serve notice of motion out of the jurisdiction. The plaintiff, on the 29th April, 1909, had obtained a judgment in the King's Bench Division for £39 and costs, which were taxed at £11 18s. 10d. The judgment was on the 29th June, 1910, assigned to William John Cooney, and by indenture, dated the 12th March, 1915, William John Cooney assigned the same to the applicant, T. J. Little. The judgment was still unsatisfied, and notice of the assignment had been given to the defendant in the action, who was residing in England, and was a British subject. The present application was for liberty to serve notice of motion out of the jurisdiction on the defendant for leave to issue execution against the defendant on foot of the judgment, which was now more than six years out of date, and also for liberty to serve the necessary notices required by the Courts (Emergency Powers) Act, 1914.

John Costello, for the applicant, referred to Order XLII, Rule 24 (a); Order XI, Rule 10; Meehan v. Tynan (2); Johnstone v. Massey (3).

The Court made the following order:— “It is ordered that the said Thomas J. Little be at liberty to serve a notice of motion herein out of the jurisdiction personally on the defendant for

leave to issue execution against the defendant on foot of the said judgment, together...