Royal Bank of Ireland v James Daly

• Jurisdiction: Ireland
• Judgment Date: 01 January 1938
• Date: 01 January 1938
• Court: High Court (Irish Free State)

I.F.S.]

Royal Bank of Ireland

and

James Daly

Mortgagee suit - Originating summary summons, Form 3 -Within Circuit Court Jurisdiction - Jurisdiction of High Court to transfer on own motion - Courts of Justice Act, 1924, ss. 25, 48 - Or. XV, r. 6, Rules of High Court, 1926 - Courts of Justice Act, 1936, s. 11 - County Officers and Courts (Ir.) Act, 1877, s. 36.

The plaintiff Bank proceeded by Summary Summons, Form 3, for a declaration of a mortgage by deposit of title-deeds over the defendant's house. It appeared on the hearing that the Poor Law Valuation of the house was under £60, and the amount of the debt under £1,000. The question was raised by the Court whether it had jurisdiction to remit the case to the Circuit Court. No application was made by the plaintiffs for the remittal of the action. The defendant did not appear and was not represented. Held, that the High Court had jurisdiction of its own motion and even against the will of the parties, to transfer to the Circuit Court or the District Court, as the case might require, an action...