Nolan v Cullen

• Jurisdiction: Ireland
• Judgment Date: 11 February 1901
• Date: 11 February 1901
• Court: Court of Appeal (Ireland)

Nolan

and

Cullen (1).

Q. B. Div.

Appeal.

CASES

DETERMINED BY

THE QUEEN'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1901.

Practice — Civil bill — Ejectment for overholding — Transfer of matter to Superior Court — 37 & 38 Vict. c. 66.

A civil bill ejectment for overholding may be ordered to be brought up and tried in the Queen's Bench Division under 37 & 36 Vict c. 66.

The words “action of ejectment upon the title” in 40 & 41 c. 56, s. 54, include actions of ejectment for overholding.

Adjourned Summons, under the 37 & 38 Vict. c. 66, sect. 2, which the defendant issued by leave of Johnson, J., in the vacation, calling upon the plaintiff to show cause why the civil bill ejectment for overholding in this matter should not be tried in the Queen's Bench Division. The grounds upon which the transfer was sought were—1, that the title to lands or hereditaments of a greater annual value than £30 would be affected by the decision in the action; 2, that the premises sought to be recovered with the buildings erected thereon were of a saleable value of at least £800, and 3, that the questions and issues involved in the action were of such difficulty and importance as regards both law and fact as to render the action wholly unfit to be tried in the County Court. The summons further suggested that the Judge, if he thought expedient, might upon such terms as he should consider proper to impose, order that the civil bill proceedings should be discontinued and that the action should be tried in the Queen's Bench Division. The defendant, Frederick F. Cullen, was the proprietor of a training establishment known as Rossmore Lodge, Currragh, county Kildare, and was the owner of race horses. On the 31st December, 1900, he was served with a civil bill ejectment for overholding at the suit of the plaintiff, Bridget Nolan, seeking to recover from him possession of part of the lands of Friarstown, containing 1a. 0r. 38p. with buildings

and edifices thereon, alleged to be held by him as tenant from year to year to the plaintiff at the yearly rent of £4 18s. 11d., and which tenancy was alleged to have been determined on the 1st November, 1900, by notice to quit served for that purpose. Besides the lands which were the subject-matter of the present proceedings the defendant held about 30 statute acres of the lands of Friarstown and other portions of the Curragh adjoining...