Perry v Stratham, Ltd

Judgment Date30 July 1928
Date30 July 1928
CourtSupreme Court (Irish Free State)
S. C.,
Stratham, Ltd.

Application to the Supreme Court - Respondent in an appeal to Supreme Court applying for order - Appellant resident in England - Jurisdiction of Supreme Court - "Special circumstances" entitling a respondent to an order - Rules of the Supreme Court (Ireland), 1905, Or. LVIII., r. 15.

An unsuccessful plaintiff in an action tried in the High Court for damages for personal injuries alleged to have been sustained by him through the negligence of the defendants served notice of appeal to the Supreme Court, applying for a new trial. The defendants thereupon applied to the Supreme Court for an order requiring the plaintiff to give security for the costs of the appeal. The plaintiff was not resident in the Irish Free State, being ordinarily resident in London. The defendants alleged that the plaintiff had no assets in the Irish Free State: —Held by the Supreme Court that the defendants were entitled to the order sought. Neither the fact that a party is resident in England, nor his poverty alone, is a sufficient justification for...

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23 cases
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