Fearnley v London Guarantee and Accident Insurance Company

CourtHouse of Lords (Ireland)
Judgment Date27 July 1880
Date27 July 1880

H. L.



394 _Ex. Div. 1880. BEASLEY V. CHAYMA.N. LAW REPORTS (IRELAND). [L. R. L. Acts, p. 227. The Judicature Rules did not alter the section, but repeated it in terms : G. 0. XLVII., R. 1; Rule 41, June, 1879. [FITZGERALD, B. :-That section is against you. The words " and costs " show that it was not contemplated that the Plaintiff should. issue either writ until he was in a position to issue both.] No rule. Solicitor for the Plaintiff : S. C. JI`Cormick. L. FEARNLEY v. LONDON GUARANTEE AND ACCIDENT 1880. INSURANCE COMPANY. July 13, 27. IN this case the Court of Appeal in Ireland being equally divided, the judgment of the Court of Exchequer, allowing the Plaintiff's demurrer to the seventh plea, amongst other demurrers taken by him, stood affirmed. The report of the case in the Irish Courts will be found ante, p. 219. The Defendants appealed from the judgment so far as it allowed the demurrer to the seventh plea. Webster, Q. C., Mathew, and D. Fitzgerald (of the Irish Bar), for the Appellants. The Attorney-General for Ireland (Law), and 111`Blaine (of the Irish Bar), for the...

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