Meehan v Duane

• Jurisdiction: Ireland
• Judgment Date: 19 January 1866
• Date: 19 January 1866
• Court: Court of Common Pleas (Ireland)

Common Pleas.

MEEHAN

and

DUANE.

viii Appendix. H. T. 1866. CommonPleas. MEEHAN v. DUANE.* (Common Pleas). EJECTMENT FOR ovERHoLDING.-Carson, for the plaintiff, moved, under the 75th section of the Landlord and Tenant Law AmendÂment Act (Ireland) 1860, that the defendant should be ordered to give security for costs, damages, and mesne profits, the interest in his lease having expired by effiuxion of time. T. P. Lynch, contra. There is a preliminary objection to this motion, which will preÂvent it from being maintained. The words of the Act are, "It shall be "lawful for him" (the landlord) "at foot of the summons and plaint "to address a notice," &c. &c. In this case the notice was merely pinned to the summons and plaint, which is not a compliance with the requirements of the section. The Wills Act requires a testator's signature to be at foot of the will ; and surely it would not be sufficient for him to write his name upon a separate piece of paper, and pin it to the will. I really must apply for costs in this case. A similar motion was made by the very same party last Term...