Kelly v Fennell

Judgment Date01 January 1938
Date01 January 1938
CourtCircuit Court
[Cir. Ct., Sealy, C.C.J., I.F.S.]

Enforcement of Court Orders Act, 1926 - "Judgment" - Order of garnishee - Practice - Appeal from District Court.

An order of garnishee having been obtained in the Circuit Court in respect of a sum of money and the garnishee having failed to comply therewith, an instalment order was made by the District Court under the Enforcement of Court Orders Act, 1926. Held, on appeal to the Circuit Court: (1) That an appeal lies from the District Court to the Circuit Court from an instalment order made under the Enforcement of Court Orders Act, 1926: (2) That an order of garnishee is a "Judgment"within s. 15 (3) of the Act...

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