Hope v Roots

• Jurisdiction: Ireland
• Judgment Date: 01 January 1927
• Date: 01 January 1927
• Court: High Court (Irish Free State)

Hope

and

Roots

Originating summons - Transfer to Circuit Court - Jurisdiction - Courts of Justice Act, 1924 (No. 10 of 1924), ss. 22, 25.

Plaintiff issued an originating summons to raise the amount due by defendant under a mortgage deed. The hearing of the summons was adjourned to enable plaintiff to serve an application to transfer the proceedings to the Circuit Court. On the adjourned hearing:—Held, that there was no jurisdiction to transfer the proceedings to the Circuit Court, as an originating summons when served is a document in the nature of a pleading and a notice of trial, and under s. 25 of the Courts of Justice Act, 1924, an application to transfer can only be made "before service...