McHugh v McGoldrick

JurisdictionIreland
CourtCourt of Appeal (Ireland)
Judgment Date01 January 1921
Docket Number(1920. No. 6945.)
Date01 January 1921

Appeal.

(1920. No. 6945.)
M'Hugh v. M'Goldrick.
M'HUGH
and
M'GOLDRICK (1)

Practice, Appeal - From remitting order after security for costs had been

fixed on plaintiff's application.

Appeal by the plaintiff from an order of the King's Bench Division, dated October 13th, 1920, remitting the trial of the action to the Recorder of Belfast unless within ten days the plaintiff gave full security for the defendant's costs to the satisfaction of a Master. On October 21st one of the Taxing Masters, on the application of the plaintiff, fixed the amount of the security for costs at £100, and on November 3rd notice of appeal was served by the plaintiff against the remitting order.

A remitting order was made by the King's Bench Division unless the plaintiff, within ten days, gave security for the defendant's costs to the satisfaction of a Master. On the application of the plaintiff, the...

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2 cases
  • Kovacs v Governor of Mountjoy Women's Prison
    • Ireland
    • High Court
    • 30 June 2015
    ...cannot later bring proceedings, appellate or otherwise, to have that order condemned as invalid: see, for example, McHugh v. McGoldrick 1921 2 I.R. 163. Having freely elected to approbate the order by taking a benefit under it, he cannot later be allowed to reprobate it.’ 28 Hardiman J. giv......
  • People v Aylmer
    • Ireland
    • Supreme Court
    • 1 January 1995
    ...2 FREWEN 200 DPP, PEOPLE V O'SHEA 1983 ILRM 549 1982 IR 384 DPP, PEOPLE V O'TOOLE 2 FREWEN 200 LARCENY ACT 1916 S23 MCHUGH V MCGOLDRICK 1921 2 IR 163 O'CONNOR, STATE V O CAOMHANAIGH 1963 IR 112 PEOPLE V CONMEY 1975 IR 341 PEOPLE V CRONIN 1972 IR 159 WOODS, STATE V AG 1969 IR 385 Syno......