Fitzpatrick v Daly

JurisdictionIreland
Judgment Date01 January 1935
Date01 January 1935
CourtHigh Court (Irish Free State)
[H. C., I.F.S.],
[H. C., I.F.S.],
Fitzpatrick
and
Daly
Munster and Leinster Bank, Ltd.
and
Hodgins

Action for negligence - No appearance - Affidavit of service of summons - Insufficiency - Supplemental affidavit filed after notice of motion - Non-compliance with Rules.

Amendment of - Error arising from accidental slip - Order 28, r. 11.

The Court dismissed a motion for judgment pursuant to Or. VII, r. 3, Rules of High Court and Supreme Court, 1926, where the affidavit of service of the summons was defective, notwithstanding that a sufficient supplemental affidavit was filed. The Court refused to give relief under Or. LXXXIX, r. 1, R. S. C., 1905.

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