M'Morogh v Hugh Kearney, Mary Kearney, and Others

JurisdictionIreland
Judgment Date23 November 1865
Date23 November 1865
CourtQueen's Bench Division (Ireland)

Queen's Bench

M'MOROGH
and
HUGH KEARNEY, MARY KEARNEY, and others.

Appendix. iii party who had made an information to do away with the effect M. T. 1865. of it. Prima facie his first information is evidence, and no cir- Queen's Bench REGINA V. CLEARY. Per Curiam.-We refuse the application. M'MOROGH v. HUGH KEARNEY, MARY KEARNEY, and others.* SEEDS moved to set aside the defence of Mary Kearney, one of the defendants, as filed contrary to the 3rd General Order of 1856, after the time allowed had expired. The summons and plaint was in ejectment, and had been filed on the 24th of June last, a copy having been served on the defendant M. Kearney on the 17th of June. This defendant should have therefore filed her defence on or before the 3rd of July, but omitted to do so until the 27th of October.-[013arEN, J. Why did you not apply before ?]-The time of one of the other defendants for filing defence only expired recently. P. J. Hamilton, contra. Even if Mary Kearney had lapsed her time to plead, the Court would, on a proper affidavit, let her in to plead...

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