Kilgarrif v McGrane

JurisdictionIreland
Judgment Date22 November 1881
Date22 November 1881
CourtCourt of Appeal (Ireland)

Ex. Div.

Before DOWSE, B.

KILGARIFF
and
M'GRANE

M' Cawley v. CampbellUNK 4 L. R. Ir. 410.

Stephenson v. WeirUNK 4 L. R. Ir. 369.

Practics Judgment, whether final or interlocutory Liquidated demand Irregularity G. O. XII., R. 5.

354 LAW REPORTS (IRELAND). [L. 1. Ex. Div. THE COURT made the following order :- 1881. THE COURT Both declare that the separate property of the said Dame GALLAGHER Maria Nugent, now vested in her, or in any other person or persons in trust for v. her, is chargeable with payment of the amount due on foot of the joint and NUGENT. several promissory note of the Defendants, dated 22nd March, 1880, together with the costs of this suit, and doth direct that the said Separate estate shall be, and the same is hereby, charged therewith accordingly. And THE COURT doth further order that it be referred to the Master of this Division to ascertain the amount due to the Plaintiff on foot of the said promissory note, and to inquire whether the said Defendant Dame Maria Nugent is now entitled to any separate estate, and if so, of what the said separate estate consists, and in whom the same is vested ; and further consideration and order are hereby reserved until the making of such inquiry and the Master's report thereon." Solicitor for the Plaintiff : N. .Downes. Ex. Div. 1881. Practice-Iudgment, whether final or interlocutory-Liquidated demand-- A claim for a specified sum for work, labour and attendance as a medical doctor is a liquidated demand, and may be either made the subject of a special indorsement, or, though the writ be not specially indorsed, -entitles the Plaintiff, in default of appearance by the Defendant, to final judgment, under G. 0. XII., R. 5. But where the Plaintiff in such an action marked judgment before the expiration of the period of eight days from the filing of the affidavits of service and particulars of claim, the judgment was set aside as irregular. MOTION to set aside a judgment, as having been irregularly marked. The action was brought by the Plaintiff for the recovery of 90, for medical attendance, &e., supplied to the DefenÂÂdant's deceased wife, portion of the attendances having been supÂÂplied before her marriage to the Defendant, and portion afterwards. The writ was not specially indorsed. Through inadvertence the Defendant did not enter an appearance until two days after the time allowed by the Rules had expired. The Defendant had, in (1) Before DOWSE, B. VOL. VIII.] Q. B., C. P., & EX. DIVISIONS...

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