Owens v Stringer and Owens

JurisdictionIreland
Judgment Date01 January 1938
Date01 January 1938
CourtHigh Court
[H. C., E.]
Owens
and
Stringer and Owens

Recoupment - Action of negligence - Two defendants - liability admitted by one defendant on opening of trial - Judgment with costs awarded to other defendant - Necessity for plaintiff to prepare for trial against both - Recoupment by unsuccessful defendant - Courts of Justice Act, 1936, s. 78.

On the morning of the trial of an action for damages for negligence brought against the respective owners of two vehicles in respect of injuries received owing to the vehicles being involved in a collision, one of the defendants admitted liability and judgment, accordingly, was entered against him, the action against the other defendant being thereupon by consent dismissed with costs. Held, that in view of the necessity...

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3 cases
  • White v Bar Council of Ireland
    • Ireland
    • High Court
    • 3 april 2017
    ...in this regard to Professor Delany's learned and helpful text The Courts Acts 1924–1997 (2d ed.), 159-161. a. Owens v. Stringer [1938] Ir Jur Rep 64 7 This High Court decision is authority for the proposition that where at a late stage in proceedings (in that case on the morning of the tri......
  • M. J. Wilson v Minister for Finance and Jacob
    • Ireland
    • Supreme Court
    • 1 januari 1944
    ...discretion, he had ample justification for making the order in question, and that therefore this appeal should be dismissed. (1) [1938] Ir. Jur. Rep. 64. (2) Before Sullivan C.J., Murnaghan, Geoghegan, O'Byrne andBlack (1) [1938] Ir. Jur. Rep. 64. (2) [1906] 2 I. R. 357. (3) [1898] 1 Q. B. ......
  • Clancy v North End Garage (Wexford) Ltd
    • Ireland
    • Supreme Court
    • 21 mei 1969
    ...left with responsibility for Keane's costs of the trial. 1 [1907] 1 K.B. 264. 2 [1949] 2 All E.R. 82. 3 [1914] 3 K.B. 181. 4 [1938] Ir. Jur. Rep. 64. 5 [1958] Ir. Jur. Rep. 6 [1944] I.R. 142. 7 96 I.L.T. & S.J. 56. 8 See p. 123, ante. 9 See p. 123, ante. ...

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