Russell v Molony

Judgment Date01 January 1939
Date01 January 1939
CourtCircuit Court
(Cir. Ct.),

Action remitted from High Court - Time limited for lodging defence -Motion for judgment - Notice served after commencement of Session - Invalidity of motion.

In an action remitted from the High Court to the Circuit Court at Wicklow the plaintiff failed to lodge the papers with the County Registrar within the time limited by Or. XXV, r. 1 of the Rules of the Circuit Court and the defendant, at the plaintiff's request, lodged the papers but omitted to lodge a request for entry therewith. Several days later the plaintiff sent to the Registrar a request for entry and the Registrar then accepted the lodgment. More than ten days after the receipt by the Registrar of the papers, but within ten days after the receipt of the request for entry, the plaintiff applied by motion for judgment in default of defence; the session at Wicklow for civil business opened on the 13th February and the return day named in the plaintiff's motion was the 24th February. Heldthat the time...

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