Re Chomutov Savings Bank

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 01 January 1958
• Date: 01 January 1958

In re Chomutov Savings Bank.

In the Matter of the Foreign Tribunals Evidence Act, 1856, and In the Matter of Proceedings now before the People's Court at Chomutov Czechoslovakia and In the Matter of Chomutov Savings Bank at Chomutov, in liquidation, represented by the liquidator, VLADIMIR DVORACEK, BRNO RADNICHA II

Plaintiff

and

MARY SAMUEL (formerly Mary Pienart)

Defendant.

Supreme Court.

Evidence - Letter of request - Loan by Czech savings bank - Promissory note - Lien on real estate - Proceedings for re-payment of loan - Defendant resident in Ireland - Request for interrogation of defendant - Foreign Tribunals Evidence Act, 1856 (19 & 20 Vict., c. 113) - Extradition Act,1870 (33 & 34 Vict., c. 52), s. 24 - Rules of the Supreme Court (Ireland)1908 (No. 1149 of 1908), Or. XXXVII, r. 5.

On the application of the Minister for External Affairs, with the sanction of the Minister for Finance, for an order, under the provisions of the Foreign Tribunals Evidence Act, 1856, for the examination of Mary Samuel touching the testimony required by Letter of Request it was

Held by the Supreme Court (Maguire C.J., Lavery, Kingsmill Moore, O'Daly and Maguire JJ.), reversing Murnaghan J., that the order sought should be granted.

Ex Parte Motion.

This application was made on behalf of the Minister for External Affairs, with the sanction of the Minister for Finance, and was moved on the affidavit of the Chief State Solicitor, which was filed on the 7th September, 1957, and which exhibited, inter alia, a Letter of Request from the People's Court at Chomutov, Czechoslovakia. The Letter of Request was signed by the President of the People's Court at Chomutov and was under the seal of that Court. According to an official translation of this document, which was addressed to the competent Irish Court, a request was made to deliver to the defendant, Mary Samuel, born Pienart, a writ of summons to oral proceedings fixed for the 30th October, 1957, at the time and place specified, and for the interrogation of the said Mary Samuel about the circumstances mentioned in the action, especially whether she recognised the claim contained in the action or her objections thereto, what proofs she proposes offering and what proposals she is making. The official translation of the action states, inter alia, the following: that according to a promissory note, dated the 22nd July, 1929, the ancient Czech Savings-Bank granted a loan to Herbert and Mary Pienart to the original...