Power v Barron

• Jurisdiction: Ireland
• Judgment Date: 03 February 1852
• Date: 03 February 1852
• Court: Rolls Court (Ireland)

Rolls.

POWER

and

BARRON.

M'Namara v. BlakeUNK 11 Ir. Eq. Rep. 527.

112 CHANCERY REPORTS. 1852. Reps. In re :ODFREY'S TRUST. Judgment. let the Accountant-General pay the dividends of the said sum of /1043, Government 13+ per cent. stock, so standÂÂing in the name of the said Accountant-General in the said matter, when and as the same become due, to the petitioners respectively, in the following proportions; that is to say, the sum of 13. 16s. I Id. yearly to the petitioner Margaret Murdock, or to her attorney, thereto lawfully authorised, during her life, and the residue of the said dividends to the petitioner Eliza Godfrey, or her attorney, thereto lawfully authorised, during her life : this order to be without prejuÂÂdice to any questions which may arise as to the responsiÂÂbility of the said Samuel Knox as trustee and executor, the said Samuel Knox and the petitioners insisting on their right to employ the same solicitors and Counsel, notwithÂÂstanding that the said Samuel Knox and petitioners were informed by the Court that, under the provisions of the statute and the General Orders prepared thereunder, a different solicitor and different Counsel ought to be emÂÂployed by the trustee or executor, and the party claiming to .beneficially interested in the fund. Rolls Petition Hearing Book, 41, fol. 305. Feb. 3. POWER v. BARRON. An. answering Tux cause petition in this case was filed in February 1851. On the affidavit to a cause petition 8th of November 1851, the respondent filed an .affidavit by way of having been filed, the pe- answer. The petitioner afterwards set down the cause petition for titioner set hearing in the Lord Chancellor's list for Hilary Term 1851. down the cause for hearing, and subsequently applied for leave to amend. The Court made the usual order for amendment, but made the petitioner pay the respondent his costs of apÂÂpearing on the motion. The practice in amending cause petitions stated. Observations on the practice ef filing affidavits is came petition tuattorsc up to the time of hearing. CHANCERY REPORTS. 113 Mr. William Smith, for the petitioner, now moved for leave to 1851 olls. amend the petition. The proposed amendments were given in, in writing, according to the usual course. rows. v. BARRON. Mr. Brewster, for the respondent, contended that the Court could Argument, not make an order to amend a cause petition after it had been set down for hearing. The application was contrary to all principle, and if such a...