Martin Mills (Defendant), Appellant; George J. Hoey (Complainant), Respondent

• Jurisdiction: Ireland
• Judge: K. B. Div.
• Judgment Date: 14 May 1913
• Court: King's Bench Division (Ireland)
• Date: 14 May 1913

Martin Mills (Defendant)

Appellant

and

George J. Hoey (Complainant)

Respondent (1)

K. B. Div.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1913.

Summary jurisdiction — Ejectment of small tenements — Summons by one joint owner — Summary Jurisdiction Act, 1851 (14 & 15 Vict. c. 92), section 15.

Where a small tenement, which is within the terms of section 15 of the Summary Jurisdiction Act, 1851, is owned by joint owners, a summons under the above-named section against the tenant to recover possession of the premises cannot be sustained if it is in the name of one joint owner merely who sues as owner.

Case Stated.

George G. Hoey brought a summons against the appellant, Martin Mills, for “that he neglected or refused to quit and deliver up to the complainant, on due termination of the defendant's tenancy by legal notice to quit, possession of a certain house and premises in Bridge Lane, Tullamore, held by the defendant from complainant, the owner thereof, as a weekly tenant at a rent of 2s. 3d. per week.” The case was heard at the Tullamore Petty Sessions, on the 22nd day of February, 1913, when the Justices made the following order:— “Defendant to be ejected from said house and premises, in not less than seven or more than ten clear days from this date.”

In pursuance of an application made by the defendant, the Justices stated a case for the opinion of the King's Bench Division. The following are the material parts of the case stated:—

The following facts were admitted at the Petty Sessions—(a) that no demand for possession had been made following service of notice to quit; (b) that the summons was duly served upon the said defendant; (c) that the tenancy in the said premises was a weekly tenancy at a rent of 2s. 3d. per week, and that they are situate in the town of Tullamore, King's County, a place where

fairs and markets are usually held; (d) that the complainant is a solicitor, and is a partner in the firm of Messrs Hoey & Denning, solicitors, who signed the notice to quit.

The following facts were proved: (a) that a notice to quit was served on defendant by leaving a copy at his residence with his wife on the 17th January, 1913: this notice was in the usual form, and was entitled— “Notice to quit, under 14 & 15 Vict. c. 92,” and was signed, “Hoey & Denning”; (b) that the defendant paid rent for the said premises...