M'Creesh v M'Geough

• Jurisdiction: Ireland
• Judgment Date: 07 May 1873
• Date: 07 May 1873
• Court: Exchequer (Ireland)

Exchequer.

Before FITZGERALD and DOWSE, BB.

M'CREESH

and

M'GEOUGH.

Hyatt v. Griffiths 17 Q. B. 505.

Denn v. CartrightENR 4 East, 29.

Digby v. AtkinsonENR 4 Camp. 275.

Hillingsworth v. StennettENR 2 Esp. 716.

Hurley v. HanrahanUNKIR I. R. 1 C. L. 700.

Hamerton v. SteadENR 6 B. & C. 483.

Knight v. BennettENR 11 Moore, 222.

Edwards v. ReesENR 7 C. & P. 340.

Tomlinson v. DayENR 5 Moore, 558.

John v. JenkinsENR 1 Cr. & M. 227.

Knight v. QuigleyENR 2 Camp. 505.

Warre v. Burnside 1 Wils. 176.

Turner v. BennettENRENR 9 M. & W. 646; 7 M. & W. 226.

Harper v. CharlesworthENR 4 B. & C. 574.

Tayleur v. WidinELR L. R. 3 Ex. 303.

Wright v. TracyUNKIR I. R. 7 C. L. 134.

Landlord and Tenant Tenancy from year to year Creation of Trepass.

236 THE IRISH REPORTS. [I. R. .Exchequer. /1{`CREESH v. M`GEOUGH (1). 1873. Landlord and Tenant-Tenancy from year to year-Creation of-Trespass. May 7. 1. A tenant from year to year-evicted by civil bill decree but still in actual oocapation-entered into an agreement with the landlord by which, according to its true construction, it was agreed that he should thenceforth be tenant from year to year at a rent to be ascertained by three persons named ; those persons having declined to determine the amount of the rent and the tenant having refused to pay an increased rent demanded by the landlord, the latter took posÂÂsession under the decree :-Held, that the tenant was entitled to maintain trespass against the landlord. 2. Per DowsE, B. A verdict ought not to be disturbed for the reception of illegal evidence which had no effect whatever upon the result of the trial. TRESPASS quare clausum fregit. The defences, (1) a traverse of the acts ; (2) a traverse of the Plaintiff's title ; and (3) a justiÂÂfication under a civil bill decree : to which last plea the Plaintiff replied a new tenancy created after the date of the decree. The decree was obtained on the 6th of January, 1872, and affirmed on appeal. At the ensuing land sessions a case, in which the present Plaintiff was claimant and the Defendant respondent, came on for hearing before the Chairman, and was dismissed subject to the consent rule following :- " The said James M'Creesh by himself, his counsel, and his attorney conÂÂsenting, and the said Robert M'Geough himself, his counsel, and his attorney consenting, It is consented and agreed and ordered by the Court that his claim be dismissed without costs, and that it be referred to J. H., P. Q., and J. M., the decision of two to be binding, to award and determine the rent to be payÂÂable by the said James M'Creesh for his holding, and that the said James M'Creesh shall continue to hold same as tenant from year to year, and the rent to be fixed from the 1st November last, and that the arrangement shall not in any manner-prejudice, affect, or...