Moore v O'Reilly

JurisdictionIreland
Judgment Date31 March 1925
Date31 March 1925
CourtSupreme Court (Irish Free State)
Moore v. O'Reilly.
JOHN MOORE
Plaintiff
and
BERNARD O'REILLY, Defendant (1)

Supreme Court.

Practice - Transfer of action - Action commenced in High Court - Transfer to Circuit Court - Writ issued before the establishment of Circuit Courts - Action for specific performance - County Officers and Courts (Ireland) Act, 1877 (40 & 41 Vict. c. 56), sect. 36 - Courts of Justice Act, 1924 (No. 10 of 1924), sects. 17, 21, 25, and 51.

The Courts of Justice Act, 1924, sect. 25, provides:—"When any action shall be pending in the High Court which might have been commenced in the Circuit Court, any party to such action may . . . apply to the High Court that the action be remitted or transferred to the Circuit Court . . ."

The defendant in an action for specific performance applied to have the action transferred to the...

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1 cases
  • Hope v Roots
    • Ireland
    • High Court (Irish Free State)
    • 1 Enero 1927
    ...been properly brought before it. (1) 12 Ir. L. T. R. 122. (2) 43 Ir. L. T. R. 282. (3) 49 Ir. L. T. R. 98. (4) [1925] 1 I. R. 54. (5) [1925] 1 I R. 133. (1) 12 Ir. L. T. R. 122. (2) 43 Ir. L. T. R. 283. (3) 49 Ir. L. T. R. 98. ...

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