Stokes v Wilkie

• Jurisdiction: Ireland
• Judgment Date: 13 July 1928
• Date: 13 July 1928
• Court: Supreme Court (Irish Free State)

S. C.,

Stokes & Son

and

Wilkie

Default of appearance -Summary summons - Liquidated demand -Irregular procedure - Setting aside judgment -Rules of the Supreme Court (Ireland), 1905, Or. XIII., r. 3 - Rules of the High Court and Supreme Court, 1926, Or. I., r. 1; Or. VII., r. 4.

Plaintiffs issued a summary summons indorsed for a liquidated demand. No appearance having been entered by the defendant, the plaintiffs entered judgment under Or. XIII., r. 3, of the Rules of the Supreme Court (Ireland), 1905. The defendant moved to set aside the judgment: —Held, by the Supreme Court, affirming O'Byrne, J., that the judgment must be set aside on the ground of irregularity of procedure, as the new Or. VII., r. 4, dated the 14th day of April, 1927, which was inserted in lieu of the former Or. VII., r...