Moore v O'Reilly

• Jurisdiction: Ireland
• Judgment Date: 31 March 1925
• Date: 31 March 1925
• Court: Supreme 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...