Ehrlisch v Lund

• Jurisdiction: Ireland
• Judgment Date: 01 January 1933
• Date: 01 January 1933
• Court: High Court (Irish Free State)

[H. C., I. F. S.]

Ehrlisch

and

Lund

Defendant about to quit Irish Free State - Application for arrest - Averments requisite in affidavit - Summary summons claiming commission, payment for work done and an account - Debtors (Ir.) Act, 1872 (35 36 Vict., c. 57), s. 7 - R. S. C. 1905, Order LXIX., r. 1.

The Court refused an order for arrest and imprisonmentpursuant to s. 7 of the Debtors (Ir.) Act, 1872, and Order LXIX., R. S. C. 1905, for the reason that an averment in the plaintiff's affidavit was insufficient. The averment stated that the absence of the defendant from the Irish Free State would materially prejudice the plaintiff in the prosecution of his action without expressly showing why the...