McClure v McClure

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 20 March 1951
• Date: 20 March 1951

McClure v. McClure.

DAVID McCLURE (suing by GEORGE McCLURE,his Attorney)

Plaintiff

and

William McClure

Defendant.

Practice - Attachment - Limit of time to comply with Court Order - Order not served within the time limited for compliance - Non-compliance with Order - Enforcement by committal - Application for committal refused.

Appeal from the Circuit Court.

By his civil bill, dated the 11th September, 1947, the plaintiff claimed an injunction directing the defendant to leave certain lands, the property of the plaintiff, and to remove therefrom stock belonging to the defendant which it was alleged were wrongfully being depastured by the defendant thereon. An appearance was entered and a defence was delivered, and upon the hearing of the action on the 22nd April, 1948, judgment was given in favour of the plaintiff. The material portion of the order of the Circuit Court Judge was as follows: "And the Court doth further order that the defendant do leave the lands and remove his stock and effects therefrom within two months from the date of this order, and the said defendant his servants and agents are hereby strictly enjoined and restrained from repetition or continuance of the acts of trespass. . . ." The defendant was present in Court during the proceedings and at the time of...