Kirk v Kirk

CourtSupreme Court (Irish Free State)
Judgment Date01 January 1925
Date01 January 1925
S. C., I. F. S.,

Motion for Final judgment - Mortgage - Outside Circuit Court jurisdiction - Application to reduce and transfer to Circuit Court - Section 25, Courts of Justice Act, 1924 - Statute of Limitations - No power to transfer.

This was a motion on behalf of plaintiff for final judgment in which he sought to recover a sum of money due on foot of a mortgage, and a further sum, being the balance of moneys alleged to have been advanced by the plaintiff to defendant. By affidavit defendant said that he had repaid part of these moneys, and asked the Court to reduce the total sum in order to bring the action within the jurisdiction of the Circuit Court, and to transfer the action to the Circuit Court: —Held, that the action was not one that...

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