M. Salaman v Isabella J. Donovan

• Jurisdiction: Ireland
• Judgment Date: 13 January 1860
• Date: 13 January 1860
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

M. SALAMAN

and

ISABELLA J. DONOVAN.

French v. Balfe 6 Ir. Chan. Rep. 63.

In re DunscombeUNK 9 Ir. Eq. Rep. 4.

Warren v. WyseIR 4 Ir. Com. Law Rep. 235.

French v. Balfe Supra.

Appendix. xiii authority has been cited to establish such a proposition. The H. T. 1860. Trustee Acts were passed to meet such cases, amongst others. Queen'sBench. Motion granted, with costs to be paid personally by the attorney who issued the plaint. W. H. Johnson (with him R. Armstrong), then moved the second motion. E. Sullivan and O'Riordan, contra.-[O'BRIEN, J. The deÂÂfendant has no other means of recovering the costs which he has been put to, but by the motion]. Motion granted. . NoTE.-In addition to the cases cited, see where the action has been allowed to proceed : Emery v. Mucklow (10 Bing. 23; S. C., 3 M. & Sc. 384; 2 Dow. 735) ; Anster v. Holland (15 L. J., Q. B., 229) ; Spicer v. Todd (2 C. & J. 165; S. C., 1 Dow. 306, 2 Tyr. 172) ; Whitehead v. Hughes (2 Dow. 258). Where the proceedings were stayed : Doe d. Prosser v. King (2 Dow. 580); Doe d. Hammek v. Finis (2 Chit. Rep. 170); Montgomery v. Montgomery (6 Ir. Corn. Law Rep. 522). On the application of defendant : Rubbart v. Phillips (13 Mees. & W. 702); Doe d. Shepherd v. Roe (2 Chit. Rep. 171). See as to the liability of a defendant paying money to an attorney suing without authority, Robson v. Eaton (1 T. R. 62). See, also, Rogers v. Kelly (2 Camp. 123). See, as to the motion generally, 2 Archb. Prac. 9th ed., pp. 955, 1300 ; Lush's Prac., 2nd ed. pp. 181, 186; Cole on Ejectment, pp. 75, 94, 357. M. SALAMAN v. ISABELLA J. DONOVAN.* Jan. 13. MoTIoN to make absolute a conditional order of the 24th November When a ment creditor judg- cr 1859, directing the Governor and Company of the Bank of Ireland obtains a to pay to the plaintiff the sum of 53. 8s. 5d., which had been paid charging or- sect under under by them to the Sheriff of the county of Dublin, pursuant to an seion 132 of Proce- order of the Court of Common Pleas, of the 10th November 1859, the Common dure A and made in the cause of Davis v. Donovan. It appeared by the. Law Act 1853, attaching the dividends of stock in the books of the Bank of Ireland, which order is duly served upon the Bank, the Bank will be held responsible, if it pay such dividends to another judgment creditor, who, subsequently to the date of such charging order, has obtained, in a different Court, not only another charging order attaching, but also an absolute order for the payment of such dividends. * PERRIN, J., absente. xiv Appendix. affidavit for cause, that the plaintiff, in Easter Term 1859, obtained a judgment against the defendant, who was...