Munster and Leinster Bank v Coffey

• Jurisdiction: Ireland
• Judgment Date: 01 January 1940
• Date: 01 January 1940
• Court: Supreme Court

(S.C.),

Munster and Leinster Bank

and

Coffey

Mortgage suit - Right of plaintiffs to relief claimed on summary summons - No defence disclosed by defendants -Summary summons adjourned for plenary hearing - Exercise of Judge's jurisdiction so to adjourn - Rules of the High Court and Supreme Court, 1926, Or. XV, r. 5.

A Judge of the High Court when exercising the jurisdiction conferred upon him by Order XV, r. 5, of the Rules of the High Court and Supreme Court, 1926, to adjourn a summary summons for plenary hearing, should have regard to whether the plaintiff appears to be entitled to the relief sought and...