Fogarty and Others v O'Donoghue and Others

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 01 January 1920
• Date: 01 January 1920

S. C.,

Fogarty and others

and

O'Donoghue and others

Funds subscribed to support Revolutionary Government - Establishment of de facto and de jure government - Right to funds -Provisional Government - Establishment of Irish Free State - Succession to property - Staying proceedings - Action in foreign country - Lis alibi pendens - Trustee - Unsuccessful appeal - Costs.

The Government of the Irish Free State is entitled to the funds and securities of the assembly known as the first "Dáil Eireann" - a body which claimed to be the National Assembly of the people of Ireland, and had as its object the establishment of an Irish Republic, the funds being intended by it for national purposes. So held by the Supreme Court, affirming Murnaghan, J. Per Johnston, J.: The Government of the Irish Free State is now the established Government of the country, both de jure and de facto - and it makes no difference in this connection whether, in the words of Sir William James in United States of America v. M'RaeELR, L. R. 8 Eq. 69, it is to be describe as a new Government or as a restored Government - and, applying the principle which was first indicated generally by Vattel (Book III., ss. 183-295) as early as 1758, and applied in modern times in the cases of The King of the Two Sicilies v. WillcoxENR, 1 Sim. N. S. 301, United States of America v. PrioleauENR, 2 H. & M. 559, and United States of America v. M'RaeELR, L. R. 8 Eq. 69, it is entitled to be paid the whole of the funds and securities. O'M., one of the trustees of the funds, contested the validity of the appointment of subsequent trustees, and also contested the right of the Irish Free State to claim the funds in an action brought for a declaration as to their ownership, and Murnaghan, J., having ordered that the funds be paid to the Minister for Finance of the Irish Free State...