Lessee Cardale v O'Connell

• Jurisdiction: Ireland
• Judgment Date: 02 April 1844
• Date: 02 April 1844
• Court: Court of Common Pleas (Ireland)

Common Pleas.

Lessee CARDALE

and

O'CONNELL.

Doe v. Uniacke 2 F. & S. 185.

Underwood v. Earl of Courtoun Ir. T. R. 293.

Langdon v. LangdonENR 5 B. & Ad. 864.

Ginger v. Brnardiston 2 Wm. Black. 904.

Gillespie v. Cumming 2 Ir. Law Rep. 23.

208 CASES AT LAW. E. T. 1844. CommonPleics. 1/4nn•nn•n,n••1 Lessee CARD ALE v. O'CONNELL. April 2. The Court -Ma. ATKINSON moved to stay proceedings in an ejectment brought in stayed pro ceedings in an this Court, until the costs of a former ejectment brought in the Court of ejectment, un- Queen's Bench in 1840, for the same premises, and to which defence had til the costs of a former one, been taken, should have been paid. One of the lessors of the plaintiff in brought by the the same action claimed as assignee of the title of the lessor of the assignor of the the lessor of plaintiff in the first ; Doe v. Uniacke (a): and the circumstances of the the plaintiff in actions being in different Courts is immaterial : Underwood v. Earl of the Queen's Bench, were Courtoun (b) ; Doe d. Langdon v. Langdon (c) ; Smith d. Ginger v. paid, and the costs of the Barnardiston (d); Gillespie v. Cumming (e); 2 Tidd, 1232. motion, al though the tenant taking Mr. Johnson, contra.-The lessor of the plaintiff swears that he had defence, and who had been no interest in the former suit ; and also that the tenant who has taken served with the defence is a discharged insolvent, and his interest is now vested in his ejectment, was a discharged assignee. insolvent. Per Curiam. The titles of the parties suing being the same, the tenant is entitled to have his...