The Attorney-General v The Bray Township Commissioners and The Bray Pavilion Company Ltd

JurisdictionIreland
Judgment Date19 April 1880
Date19 April 1880
CourtCourt of Appeal (Ireland)

Appeal.

Before BALL, C., MAY; C. J., and DEASY, L.J.

THE ATTORNEY-GENERAL
and

THE BRAY TOWNSHIP COMMISSIONERS AND THE BRAY PAVILION COMPANY (LIMITED)

Morgan v. Elford 4 Ch. Div. 352.

Wilson v. Church 12 Ch. Div. 454.

Practice — Appeal to House of Lords — Application to stay proceedings for recovery of costs below — Offer to lodge amount in Court — Alleged insolvency of Respondents.

VoL. V.] CHANCERY DIVISION, 523 THE ATTORNEY-GENERAL v. THE BRAY TOWN- Appeal.' SHIP COMMISSIONERS AND THE BRAY PAVILION 1880. COMPANY (LIMITED) (1). April 19, Practice-Appeal to House of Lords-Application to stay proceedings for recovery of costs below-Offer to lodge amount in Court-Alleged insolvency of Respondents. The Court will not, pending an appeal to the House of Lords, stay proceedÂings for the recovery of costs already awarded to the Respondents, although the Appellant offer to lodge the amount of such costs in Court, on an allegation of the insolvency of the Respondents, but will require the Respondents' soliÂcitors to give an undertaking to refund any costs paid, in the event of the further appeal proving successful. MOTION by the Relator James Henry Davis for an order " that execution or any other proceedings for recovery of the costs under the order of His Honor the Vice-Chancellor of Ireland, dated the 7th August, 1879, and of the Court of Appeal, dated the 27th February, 1880, may be stayed pending the appeal to the House of Lords from the said order, or until further order of this Court, the Relator undertaking to lodge in Court the amount of taxed costs payable under the said orders, and to abide such orders as the Court shall make." See the hearing on, appeal reported ante, p. 254. The application was grounded on an affidavit of the Relator, filed the 25th March, 1880, which stated that on the 20th March the Defendants the Bray Pavilion Company (Limited) had lodged their costs for taxation, amounting to £392 16s. 4d., and that the Defendants the Bray Township Commissioners had lodged theirs, amounting to £373 6s. 7d. ; that he was advised that the decisions of the Vice-Chancellor and of this Court were erroneous, and that it was his intention to appeal to the House of Lords, and to proÂsecute the appeal bond fide, and with all due diligence ; that the said costs would be taxed forthwith, and execution for the (1) Before BILL, C., MAY; C. J., and DEASY, L.J. 2 R Appeal. amount thereof levied _unless this Court should stay execution 1880...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT