Salmon v Molony

JurisdictionIreland
CourtSupreme Court (Irish Free State)
Judgment Date01 Jan 1925

Supreme Court.

Salmon v. Molony
ELLEN SALMON
Applicant
and
MARIA MOLONY,Respondent (1)

Practice - Appeal - Town Tenants (Ireland) Act, 1906 (6 Ed. 7, c. 54),sect. 11 - Appeal from award of Circuit Judge - Jurisdiction to hear appeal - Courts of Justice Act, 1924 (No. 10 of 1924), sects 18, 22. 61.

This was an appeal to the Supreme Court by Maria Molony, the respondent in a claim under the Town Tenants (Ireland) Act, 1906, against an order of the Circuit Judge of the South-Western Circuit Court, Co. Clare, awarding the applicant a sum of £125 for compensation for disturbance. The applicant's claim was dated 4th July, 1924, at which date there was no Circuit Court of the district in existence; and the said award was made on the 1st October, 1924, by the Circuit Judge who had been appointed in the meantime.

A claim under the Town Tenants (Ireland) Act, 1906, was instituted on the 4th July, 1924, at which date there was no Circuit Court for the district in which the premises in question were situated. The claim was heard and an award made by the Circuit Judge subsequently appointed, on 1st October, 1924, whereupon the respondent appealed to the Supreme Court.

Held, that under sect. 61 of the Courts of Justice Act, 1924, the appeal should have been brought to two Judges of the High Court, and that no appeal lay to the Supreme Court.

(1) In the Supreme Court, before Kennedy C.J. , and O'Connor andFitzGibbon JJ.

(2) Courts of Justice Act, 1924, sect. 61:— "Save as in this Act is otherwise expressly provided, an appeal shall lie from any judgment or order of the Circuit Court in civil cases to two judges of the High Court sitting in Dublin. If two such judges agree in their opinion, their decision shall be final unless they certify that their decision involves a question of law or fact of such importance as to be fit to be the subject of an appeal to the Supreme Court, in which case an appeal shall lie at the instance of any party from the decision of such two judges to the Supreme Court. If such two judges differ in their opinion, they shall affirm with costs the judgment or order appealed against, and an appeal shall lie at the instance of any party from such affirmance to the Supreme Court. The appeal under this section shall be on law and fact or upon either, save that where the appeal from the exercise by the County Court of any particular statutory jurisdiction transferred by this Act to the Circuit Court is expressly or by implication...

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