M'Collum v Tease

• Jurisdiction: Ireland
• Judgment Date: 01 January 1925
• Date: 01 January 1925
• Court: Supreme Court (Irish Free State)

S. C.,

M'Collum

and

Tease

Writ issued before establishment of Circuit Courts - Courts of Justice Act, 1924 (No. 10 of1924), ss. 2 and 25.

The writ in an action for assault was issued in January, 1924. A motion in the King's Bench Division to remit the action to the County Court Judge, which was made in March, 1924, was refused. For the purpose of the establishment of the Circuit Courts (except the Dublin Circuit), the Courts of Justice Act came into operation on August 6th, 1924. An application by the defendant to the High Court on October 14th, 1924, to have the action transferred for trial to the Circuit Court, then established, was refused by Murnaghan, J.:—Held(affirming Murnaghan, J.), that as the action could not have been commenced in the Circuit Court at the time it...