Hall v Flanagan

• Jurisdiction: Ireland
• Judgment Date: 03 November 1877
• Date: 03 November 1877
• Court: Exchequer (Ireland)

Exchequer.

Before FITZGERALD, DEASY and DOWSE, BB.

HALL

and

FLANAGAN.

Jones v. CarterENR 15 M. & W. 718.

Toleman v. PortburyELR L. R. 6 Q. B. 245.

Grimwood v. MossELR L. R. 7 C. P. 360.

Sheridan v. Dawson 1 Jon. Ex. R. 256.

Doe d. Williams v. HumphreysENR 2 East, 237.

Ejectment for non-payment of rent — Notice to quit.

470 _Exchequer. 1877. APINTosu v. SIN un. THE IRISH REPORTS. [I. R.. DOWSE, B. :- I can only say that I have not a single word. to add to the judgment which has just been delivered, and in which I entirely concur. Although I felt myself bound by the case of Caffarini v-Walker, I gave this ease an independent consideration, and I am glad. to say I have been able to arrive at the same conclusion. as I did in that case. Cause shown allowed. Attorney for the Plaintiff : J. P. Hanzerton 4, Son. Attorney for the Defendants : T. Carey. _Exchequer. NALL v. FLANIGAN (1). 1877. „ _Ejectment for non-payment of rent-Notice to quit. N.OY 3. A notice to quit was served during the pendency of an ejectntent for nonÂpayment of rent, in which judgment was subsequently entered and an habere executed; an order for restitution having been afterwards obtained by the-tenant, an ejectment on the title was then brought, founded upon the notice-to quit:-Held, that the notice to quit was not effectual to determine the-tenancy. EJECTMENT on the title, tried. before Morris, a J., at the-Kildare Spring Assizes, 1877. Statutory defence. The lands in question were held under a tenancy from year to-year ; and on the 1st of November, 1875, a year's rent of the lands became due ; on the 24th of December, 1875, a writ of summons and plaint in ejectment for non-payment of rent was issued; on the 28th of April, 1876, a notice was served on the tenant to quit the lands on the following 1st of November ; on the 1st of May,. 1876, judgment was marked in the ejectment proceedings, and a habere having issued, on the 13th of May, 1876, the sheriff gave-possession of the lands thereunder ; on the 18th of November, 1876 ,an order for restitution was made by the Court of Exchequer,. under the 70th section of the Landlord and Tenant Act, 1860, but -without prejudice to any proceedings under the notice to quit ; on (1) Before FITZGEEALD, DEASY and DOWSE, BB. VOL. XI.] COMMON LAW SERIES. the 3rd of February, 1877, the present ejectment proceedings were begun, and defence having been taken in the usual form, the cause came on for trial as above stated. Neither...