Executors of O'Brien v Fitzgerald and Others

• Jurisdiction: Ireland
• Judgment Date: 24 January 1838
• Date: 24 January 1838
• Court: Court of Common Pleas (Ireland)

COMMON PLEAS.

Executors of O'BRIEN

and

FITZGERALD and others.

PRACTICE — AMENDMENT — SHERIFF'S RETURN TO SCIRE FACIAS.

1838. STEWART v. LYNAR. 290 CASES IN THE COMMON PLEAS. DOHERTY, C. J.-This case does not turn on the affidavits, if the court sees any good reason why it is satisfactory to have a trial in another county. We will send it to Armagh. Order.-Let the venue be changed to Armagh : costs to abide the event. Thursday, January 24th. PRACTICE-AMENDMENT-SHERIFF'S RETURN TO SCIRE FACIAS. Executors of O'BRIEN v. FITZGERALD and others, Mr. T. Jennings applied, on behalf of one of the defendants, that the sheriff of the county Mayo should amend his return, by inserting his name in the return of the persons summoned under the writ of sci. fa., that he had been served with the notices and orders, but was not• returned by the sheriff; and also, for ten days time to plead. That he was the person most interested in disputing the plaintiffs' demand. John Fitzgerald was the second son of the cognuzor of the judgment, not the heir, and he came in as a purchaser for valuable consideration. Mr. Charles O'Malley for the plaintiff.-The parties have all apÂpeared by one attorney, and whatever be the defence of one will be the defence of all...