Nolan and Another v Fitzsimons and Another (No. 2)

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

(Cir. Ct.),

Nolan and Another

and

Fitzsimons and Another (No. 2)

Taxation - Title jurisdiction of Circuit Court - Easement. right of way, and profit á prendre - Injunction included in relief sought - Ancillary relief - Whether costs of action taxable on higher scale.

In an action claiming £75 damages for alleged infringement of a right of way, and profit á prendre, an injunction was claimed as ancillary relief. The action was dismissed with costs. Held, that the costs should be taxed upon the scale applicable to the title jurisdiction of the Court, and the inclusion of an injunction in the claim did not give a right to...