Nash, A Minor

JurisdictionIreland
Judgment Date04 December 1894
Date04 December 1894
CourtCourt of Appeal (Ireland)
Naish, A Minor (1).

Appeal.

CASES

DETERMINED BY

THE CHANCERY AND PROBATE DIVISIONS

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE COURT OF BANKRUPTCY IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1895.

Practice — Appeal Contempt — Minor matter — Appellant in contempt.

In July, 1894, the Lord Chancellor made an order appointing the father of the minor the guardian of his person and fortune. The mother, with whom the minor was residing, appealed against this order, and removed the minor out of the jurisdiction. The Lord Chancellor then granted an attachment against the mother for her contempt. On the application of the father, the Court of Appeal fixed a day for the hearing of the appeal, and directed the mother to cause the child to be produced in Court on the hearing of the appeal. The mother failed to have the child so produced in Court, and the Court of Appeal dismissed the appeal.

Appeal by Mrs. Naish, the mother of the minor, from an order of the Lord Chancellor, dated July 4, 1894, whereby Mr. Naish, the father of the minor, was appointed guardian of the person and fortune of the minor, but no immediate order was made as to the custody of the minor.

The notice of appeal was dated July 26, 1894. Subsequent to this date the appellant removed the minor out of the jurisdiction of the Court. On September 3, 1894, the Lord Chancellor granted an attachment against the appellant for her contempt; the attachment, which issued on September 11, 1894, remained in the sheriff's hands unexecuted, and the appellant continued at large in possession of the minor. Under these circumstances the respondent applied on November 26, 1894, that the appeal should be brought into the list of the Court of Appeal, and disposed of. On this application the Court of Appeal made an order fixing

the case for December 4, 1894, and directing the appellant to produce or cause to be produced the minor in Court on that day, without prejudice to any application to the Court as to the appeal, grounded upon the fact that the appellant was in contempt.

Ronan, Q.C., and Campbell, Q.C. (with them Meredith, Q.C., and Joynt), for the appellant:—

We admit that the appellant is in contempt. The only question is as to the form of the order. We submit that the right order is to stay proceedings on the appeal until the appellant has purged her contempt. Garston v. Garston (1) is on all fours with this case: an appellant had been directed to produce a minor in Court, and was brought into contempt; the Court refused to hear the appellant, but did not dismiss the appeal. Gould v. Twine (2) and Cavendish v. Cavendish (3) are to the same effect. The Republic of Liberia v. Roye (4) is distinguishable; the principle on which the House of Lords there acted was that the plaintiff by his contempt had rendered it impossible for the case to be heard. In the course of the suit an interlocutory order had been made that the plaintiff should furnish certain information necessary for the defendant's making out his defence. The plaintiff disobeyed this order; his contempt rendered it impossible for the case to be heard, and therefore the Court dismissed the case rather than stay proceedings for ever. This case is wholly different. There is nothing here to make it impossible for the Court to hear this appeal.

Bushe, Q.C., and D. F. Browne, for the respondent:—

The appeal should be dismissed. The real subject-matter of this appeal is the custody of the minor. The appellant by her conduct seeks to render the decision of this Court futile, except it be in her favour. The production of the minor in Court as directed is essential to enable the Court to effectuate its order. The appellant having failed to comply with the direction of the

Court, must submit to have her appeal dismissed: The Republic of Liberia v. Roye (1); Princess of Wales v. Earl of Liverpool (2).

heard in such a way that no order that the Court could make could in the nature of things he rendered effective...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT