Jack v Noble

• Jurisdiction: Ireland
• Judgment Date: 09 February 1866
• Date: 09 February 1866
• Court: Exchequer (Ireland)

Exchequer.

JACK

and

NOBLE.

COMMON LAW REPORTS. 381 " contrary affidavits, the Court will examine into the ground upon M. T. 1866. Exchequer. " which the delay is asked." Here no cause of suspicion appears. MURPHY There is every probability that these Witnesses will be here in rea- v. sonable time for the trial at the sittings after next Term ; and we FIELDING. must hold, upon these affidavits, that grounds exist for alleging that they are material for the defence. Motion granted. Nov. 7. JACK v. NOBLE.* H. V. 1867. Feb. 9. - MARTIN moved in this case that the plaintiff, who resided out of The prelimi notice for se the jurisdiction of the Court, might be ordered to give security for curity for costs, under . the 52nd Ge- costs. Order 1854, must be served at least W. Ryan, for plaintiff, took a preliminary objection, that under twenty-four hours before the 52nd General Order 1852,t the preliminary notice should be the service of served twenty-four hours before the notice of motion, which had the notice of motion, and not been done ; and submitted that this was a condition precedent ; no order will be made for and that if the General Order was construed to mean that the security for costs if this has preliminary notice should be served twenty-four hours before the not been done. motion was moved, then the preliminary notice might not be served until the day after the notice of motion, as the latter is a two-day notice. Martin, in reply. The practice is often to serve them together ; I apprehend that. * Before the Full Court. 152nd General Order 1852:-" Where a defendant, served with a sumÂmons and plaint, shall require security for costs from the plaintiff, he shall be at liberty to apply by notice to the plaintiff for such security; and in case the plaintiff shall not, within twenty-four hours after service thereof, undertake by notice to comply therewith, the defendant shall be at liberty to,apply to the Court, or a Judge, for such security by motion on notice grounded upon affidavit." 382 COMMON LAW REPORTS. M. T. 1866. all that is requisite is that twenty-four hours should elapse between Exchequer. the service of the preliminary notice and the moving of the motion. JACK It might affect the question of costs, but that is all. The Court may v. NOBLE. dispense with the service of the preliminary notice altogether under special circumstances, and usually there is no affidavit of service of it. Cur. adv. vult. PIGOT, C. B. We are all of opinion...