Hunt v Malley

• Jurisdiction: Ireland
• Judgment Date: 16 January 1878
• Date: 16 January 1878
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

Before O'BRIEN and BARRY, JJ.

HUNT

and

MALLEY.

Ellaby v. MooreUNK 22 L. J. C. P. 253.

Lanyon v. KellyUNK 8 L. J. Q. B. 40.

Practice — Motion for conditional order for new trial — Elapse of first four days through absence of counsel.

poor rate, which is a personal tax only, is conclusive to show that the words " charged or imposed on " must be read " charged or imposed on, or in respect of." Scovell v. Gardiner (1) apÂpears to me to go that length. Be this, however, as it may, as we are of opinion that as the special rate in question is poor rate, it is, within the very words of the contract, a tax a part of which is to fall upon the landlord. For these reasons I am of opinion that the judgment of the Chairman was right and ought to be affirmed. Dismiss of the Chairman termed. • Attorney for the Appellant : Alma 8f Hackett. Attorney for the Respondent : Bradley Son. HUNT v. lVf A LLRY (2). Practice-Motion for conditional order for new trial-Elapse of first four days through absence of counsel. The absence of counsel on public duties is such an exceptional circumstance as will induce this Court to relax the rule requiring that a conditional order for a new trial shall be moved for within the first four days of the Sittings next after the trial. AcTioN, for goods bargained and sold and. on a bill of exchange, in which the Plaintiff recovered £60. Serjt. Robinson, counsel for the Defendant, was to have moved for a conditional order to set aside the verdict, but was, unable to return from attending as County Court Judge at QuarÂter Sessions till the day after the expiration of the first four days of the sitting of the Court. Robinson, Serjt. (with him Stritch), for the Defendant, now moved for a conditional order, notwithstanding the period of four days had elapsed. Von. XI.] COMMON LAW SERIES. MDermott, Q. C. (with him Carton, Q. C., and Kenny), for the Plaintiff, contra. The rule on this point is laid down in Chitty's Archbold (12th ed.) 1536: " The motion cannot be made after the time limited by the above rule, though the parties consent thereto, and the practice as to moving within this time will be rigidly adhered to : " Ellaby v. Moore (1) ; Lanyon v. Kelly (2). BARRY, J. :- Serjt...