GURNEY v ORANMORE. [Chancery.]

• Jurisdiction: Ireland
• Judgment Date: 05 July 1856
• Date: 05 July 1856
• Court: Chancery Division (Ireland)

Chancery.

GURNEY

and

ORANMORE.

Drought v. Redford 1 Moll. 572.

Hackett v. DonnellyUNK 1 Ir. Eq. Rep. 231.

Mayo Infirmary case Supra. p. 436.

Hackett v. DonnellyUNK 1 Ir. Eq. Rep. 231.

CHANCERY REPORTS. 447 where all that has occurred may be corrected if it be wrong ; 1856. Chan. but I think it a much safer course to permit them to apply for cery GURNEY G that purpose to a higher tribunal, where everything erroneous, v. if error has occurred, may be set right ; and to that end I will give ORANMORE. the plaintiffs an opportunity of serving a more regular notice of Judgment. appeal against the original order of November 1854. [Mr. Francis Fitzgerald suggested.that the best course would be to permit the amendment of the notice already served.] The LORD CHANCELLOR. Very well, then you may do so ; and then I will of course refuse it with costs. There will be no costs of this hearing, as to Mr. Browne's appeal. Reg. Lib. 18,f. 384. GURNEY v. ORANMORE. (John Geoffrey Browne's Case.) July 5. THE facts of this case are fully stated in the report of the case at the Where an in. cumbrancer Rolls (supra, p. 163) ; but in the view taken by the LORD CHAN - made a party suit per- CELLOR, the following statements are alone material to :-The Rev. mite s a decree ro confess°, John Geoffrey Browne was made a notice defendant to this suit, in Heger the respect of a certain judgment vested in him ; he however entered facts on which his claim de- an appearance in the common form, in pursuance of the 18th Gene- and pends, afterwards per ral Order of 1843, and the suit was accordingly prosecuted against mite a final decree to be him in the ordinary way. The bill stated that the term of 5000 taken, which does not pro years, upon which Mr. J. G. Browne's portion was secured, had vide for his rights, he can- been surrendered. In Michaelmas Term 1845, there was a decree nbt be permit, ted to come in and file a charge, and obtain a separate report respecting his claims. 448 CHANCERY REPORTS. to account in that (suit the bill having been taken pro confesso against Mr. J. G. Browne), under which he filed a charge in respect 0 of a certain demand vested in him, not including the subject of the present application. The Master made his report on the 20th of June 1849, and thereby found that there were no other charges .or incumbrances except those found by the report. On the 19th of February 1855, Mr. John Geoffrey Browne obtained an order from his Honor the Master of the Rolls, that, notwithstanding the report and final decree, he should be at liberty to come in and file a charge, and obtain a separate report at his own expense, in respect of his alleged claim for the unpaid balance of the sum of £8000, which he claimed as one of the younger children of, Dominick Geoffrey Browne, deceased. The Master reported in favour of the claim of Mr. John Geoffrey Browne. To that report objections were filed, and an application to vary the...