Smullen v Benoit Company

JurisdictionIreland
Judgment Date01 January 1933
Date01 January 1933
CourtHigh Court (Irish Free State)
[H. C., I.F.S.],
Smullen
and
Benoit & Co

Substitution - French defendants resident in France - Order for liberty to substitute service upon defendants' solicitor within the jurisdiction - Refused - Or.II., rr. 5, R. S. C., 1905.

S. applied for order for liberty to substitute service of an originating summons on the defendants' solicitor within the jurisdiction, all the defendants being French subjects resident in France. Held, that the defendants being French subjects resident in France no order for substituted service could be made. The correct procedure in such a case is to bring an application for liberty to issue and serve the...

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