Re Jacks

JurisdictionIreland
Judgment Date01 January 1953
Date01 January 1953
CourtSupreme Court
S.C.),
In re Jacks

Application to Court by chargeant for possession of land - Procedure - "Summary manner" - Application should be brought by originating summary summons - Registration of Title Act, 1942 (No. 26 of 1942), s. 13 (a) - Rules of the High Court and Supreme Court, 1926, Or. 1, r, 2; Or. 3, r. 1 (iv) (p).

An application to the Court by the registered owner of a charge for possession of the land pursuant to s. 13 (a) of the Registration of Title Act, 1942, should be by originating summary...

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5 cases
  • McAteer & Bank of Ireland Mortgage Bank v Sheahan
    • Ireland
    • High Court
    • 13 September 2013
    ...FEENEY 30.7.2012 2012 IEHC 331 CONVEYANCING & LAW OF PROPERTY ACT 1881 S19 CONVEYANCING & LAW OF PROPERTY ACT 1881 S19(1) JACKS, IN RE 1952 IR 159 IRISH LIFE & PERMANENT PLC v DUFF UNREP HOGAN 31.1.2013 2013 IEHC 43 ULSTER BANK IRL LTD v CARROLL UNREP O'MALLEY 16.7.2013 2013 IEHC 347 GE CA......
  • The Governor and Company of The Bank of Ireland v Carey and Another
    • Ireland
    • Court of Appeal (Ireland)
    • 17 October 2024
    ... ... This appeal falls to be dismissed on all grounds ... Costs ... 68 ... My provisional view with regard to costs is as follows. Both this appeal and Appeal 2023/267 significantly overlap. Whilst historically decisions such as In Re Jacks [1952] I.R. 170 , per Murnaghan J., would suggest that within proceedings might have been brought by summary summons I am satisfied in light of the jurisprudence that it was also open to the appellants to bring same by special summons. O.96, r.14 provides: “ Procedure by special ... ...
  • Bank of Ireland Mortgage Bank v Peter Cody
    • Ireland
    • Supreme Court
    • 14 April 2021
    ...the mortgagor. 41 . The procedures governing the grant of possession by summary means was analysed in some detail in the case of Re Jacks [1952] IR 159 where what was under consideration was whether the action was commenced by summary summons, or whether a motion for judgment before the Lan......
  • O'B. v W
    • Ireland
    • Supreme Court
    • 1 January 1982
    ...the law was not mentioned in argument, I do not express any opinion on it. 1 [1970] I.R. 61. 2 See p. 39, post. 3 (1859) Bell C.C. 46. 4 [1952] I.R. 159. 5 See pp. 39-40, 6 See p. 34, ante. ...
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