Mayo-Perrott v Mayo-Perrott
Jurisdiction | Ireland |
Judgment Date | 01 January 1959 |
Date | 01 January 1959 |
Docket Number | [1955. No. 1183.] |
Court | Supreme Court |
Decree in England for divorce and costs - Parties domiciled in England - Whether order for costs severable from decree of divorce - Whether costs recoverable by action in Irish Courts - Public policy - Constitution of Ireland, Article 41, 3, 2 and 3.
The plaintiff, having obtained a decree for a divorce a vinculo matrimonii in the High Court in England together with the taxed costs of the proceedings against the defendant, and part of the costs being unpaid, sought judgment for the sum remaining unpaid, the defendant having come to reside within the jurisdiction of the Courts of Ireland. It was held by Murnaghan J., and affirmed by the Supreme Court (Maguire C.J., Lavery, Kingsmill Moore, O'Daly and Maguire JJ.) that the order for costs...
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...of Article 41 of the Constitution did not preclude the plaintiff from obtaining the relief sought by her. Mayo-Perrott v. Mayo-PerrottIR [1958] I.R. 336 distinguished. 2. That such evidence of the foreign law applicable also established that the court which had made the maintenance order ha......
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