Judge v Belton

• Jurisdiction: Ireland
• Judgment Date: 29 June 1875
• Date: 29 June 1875
• Court: Unspecified Court

Cons. Cham.

Before DOWSE, B.

JUDGE

and

BELTON.

Ejectment

VTR IRISH REPORTS. [I. R. WHITESIDE, C. J. :- The Court is of opinion that the nonsuit was right. We fmd the plaint states that the Plaintiff was possessed of a boardingÂÂhouse, and took as lodgers at his house young men in the service of the General Post-office, and the Defendant spoke and published of the Plaintiff, in relation to his business, " See, it is very wrong of you to stop in the house of a man who was disÂÂmissed from the service as he was." Beyond a doubt, that is connected with the preliminary averment, and was a reflection on him in his business as a lodging-house keeper. But when we read the evidence a decided variance appears. He said, "It is wrong for you to be stopping with a dismissed man." He then asked, " Do you associate with him ?" and, on being told not, he said, " that alters the case." These words are different from the words laid in the declaration, and of themselves are not defamatory. It was argued that however innocent the words were, if special damage result from them, they are actionable ; but Kelly v. Parting-ton (1) decides that words are not actionable, though special damage has ensued, unless they are defamatory or injurious in their nature. On these grounds we think the nonsuit was right. Conditional order discharged. Attorney for the Plaintiff : J. T. O'Connell. Attorney for the Defendant : Cons. Ch am. JUDGE v. BELTON (2). 1875. Ejectment-Stay of proceeding until sum awarded as compensation under the June 29. Land Act paid. Proceedings in ejectment stayed until the Plaintiff (the landlord) paid to the Defendant (the tenant) the sum awarded to the latter as compensation under the Land Act, 1870 ; upon the terms of the Defendant undertaking, onpayment of the compensation, to give up possession of the holding. MOTION on behalf of the Defendant, to stay the proceedings until the amount of the compensation to which the Defendant had been declared entitled' or disturbance and improvements under the (1) 5 B. & Ad. 645. (9) Before DOWSE, B. VoL. IX.] COMMON LAW SERIES. 415 provisions of the Landlord and Tenant (Ireland) Act, 1870, were Cons. Cham. 4 paid or deposited by the Plaintiff ; the Defendant undertaking, 1875. immediately upon such payment or deposit being made, to deliver RIDGE to the Plaintiff the quiet and peaceable possession of the whole of n -ELTON. the lands sought to be recovered in the action. Ejectment on the title to recover possession of...