O'Gorman v Long

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1959
• Date: 01 January 1959

(H.C.)

O'Gorman

and

Long

Claim for liquidated sum - Sufficiency - Rules of the High Court and Supreme Court, 1926, O. 15, r. 1.

G. issued a summary summons, specially endorsed, claiming £771 10s. 3d. for goods sold and delivered. With it he served on the defendant an affidavit which merely stated that "this action is to recover the sum of £771 10s. 3d. being money due by the defendant to him the plaintiff for goods sold and delivered and for work and labour done." When the summons finally came before the Master, no affidavit having been received from the defendant, the Master gave judgment for the full amount claimed in the summary summons and measured costs. On an application to set aside the judgment, held by Murnaghan J.: The plaintiff's affidavit grounding the summons was...