Griffiths v Slator

• Jurisdiction: Ireland
• Judgment Date: 21 November 1865
• Date: 21 November 1865
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

GRIFFITHS

and

SLATOR.

Clarke v. Riordan 9 Ir. Com. Law Rep., App. xxxiv.

Stewart v. Ballance 10 Ir. Com. Law Rep., App. i.

Leckham v. GreshamIR 2 Ir. Com. Law Rep. 139.

Beausang v. Condon 13 Ir. Com. Law Rep., App. xxxvii.

APPENDIX. GRIFFITHS v. SLATOR.* M. T. 1865. (Queen's Bench.) Queen's Bench Tuts was a motion that the plaintiff should be compelled to give security for costs. The summons and plaint in this action (which was in the usual form) complained that the defendant was indebted to the plaintiff in the sum of £44. 14s. 5d., and was dated the 21st of September. On the 15th of November the defendant obtained from the Court an extension of his time for pleading, and on the same day served notice on the plaintiff, calling upon him to give security for costs, on the ground that he resided out of the jurisdicÂtion of the Court, and had no property within the said jurisdiction. This the plaintiff refused to do, on the ground that the defendant, by obtaining an extension of his time for pleading, had waived his right to security. Dowse (with him S. M. Grier), in support of the motion, referred to Clarke v. Riordan (a) and Stewart v. Ballance (b). Devitt, contra, contended that there had been a waiver, and cited the cases of Leckham v. Gresham (c) and Beausang v. Condon (d). Per Curiam. This motion must be granted. With regard to the effectof obtaining an extension of time for pleading upon the right of obtaining security for costs, we are of opinion that it is no waiver of such right. If we- thought that this motion was made for the purpose of harrassing and delaying the plaintiff, we should refuse it. In this case it appears to have been made with perfect bona fides. There is no such principle as that obtaining an extension of time to (a) 9 Ir. Cora. Law Rep., App. XXXiV. (6) 10 Ir. Com. Law Rep., App. i. (c) 2 Ir. Com. Law Rep. 139. (d) 13 Ir. Corn. Law Rep., App. xxxvii. * Before the Full Court. [Note.-This case is reported by D. H. MAbDEN, Esq., Barrister-at-Law.] a ii Appendix. plead amounts to a waiver of the right to obtain security for costs. The application must be granted ; the defendant taking short notice of trial, and all further proceedings being stayed until security for costs has been given by the plaintiff. REGINA v. CLEARY.* . WATERS now made an application, which had stood over from the 20th instant, to have the prisoner admitted to bail. The charge was treason-felony ; and this application stood...