The Munster Bank Ltd v John Maher and James Maher

• Jurisdiction: Ireland
• Judgment Date: 17 February 1885
• Date: 17 February 1885
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

Before MAY, C. J., and O'BRIEN, J.

THE MUNSTER BANK

(LIMITED)

and

JOHN MAHER AND JAMES MAHER

In re Field's Estate I. R. 11 Eq. 456.

Thorp v. Bromne L. R. 2H. L. 220.

In re Fitzgerald's Estate 11 Ir. Ch. R. 356.

Thorp v. BrowneELR L. R. 2 H. L. 220.

In re Doughty's Estate Ir. R. 2 Eq. 235.

In re Church's EstateUNK 1 L. R. Ir. 255.

Earl of Limerick's Estate 7 Ir. Jur. (N. S.) 65.

In re Smith S & Ross 11 Ir. Ch. R. 397, 401.

Judgment mortgage Affidavit of registry Incorportated Company Evidence Affidavit made by law agent Statement as to title of Defendants uncertainty 13 & 14 Vict, c. 29; 21 & 22, Vict. 105.

VOL. XVI.] 41. B., C. P., & El. DIVISIONS. 165 THE MUNSTER BANK (LIMITED) v. JOHN MAHER Q. B. Div. AND JAMES MA.HER (1). 1885. Judgment mortgage-Affidavit of registry-Incorporated Company-Evidence Feb. 17. - Affidavit made by law agent- Statement as to title of Defendants - Uncertainty-13 4. 14 Vict. C. 29 ; 21 22 Viet. c. 105. The M. Bank (Limited) having, in their corporate title, obtained a judgÂÂment, registered it as a mortgage against certain premises. The affidavit of registry was made by the law agent of the Plaintiffs, and the only stateÂÂment in it, as to the Plaintiffs being an incorporated Company, was " that the name and title of the action in which the judgment was obtained and entered is, 'the M. Bank (Limited), an incorporated Company,' &c." The Bank having brought an ejectment to recover possession of the preÂÂmises, in which defence was taken by the Defendants against whom the original judgment was obtained, DO evidence was given that the Plaintiffs were an incorporated Company except proof of the judgment and of the affidavit : Held, that, as against these Defendants, the judgment was itself sufficient evidence that the Plaintiffs were an incorporated Company so as to admit of the affidavit of registry being made by the law agent. Held also, per MAY, C. J., that, having regard to the 32nd Schedule-Rule, a new trial ought not to be granted upon such an objection to the validity of the registration. As to the title of the judgment debtors, the affidavit stated " The said James Maher and John Maher, the Defendants, or one of them, are or is at the time of swearing this affidavit seised. or possessed," &c. :- Held, sufficient, and that the words " or one of them " did not occasion any uncertainty which would invalidate the registration. ACTION of ejectment on the title to recover possession of a dwelling-house and other premises in Clonmel. The case was tried before Andrews, J., during the Michaelmas Sittings, 1884. The Plaintiffs the Munster Bank (Limited) claimed as judgment mortgagees, in respect of a judgment obtained by them against the Defendants in the Exchequer Division on the 5th day of July, 1884, for 688 19s. 3d. and. 6 19s. costs. The only questions (1) Before MAY, C. J., and O'BBrox, J. VoL: XVI. LAW REPORTS (IRELAND). [L. R. I. raised at the trial were as to the validity of the registration of the judgment as a mortgage. The Plaintiffs gave in evidence an attested copy affidavit by James Murphy, one of the firm of Maxwell & Weldon, solicitors for the Munster Bank, filed in the Exchequer Division on the 14th day of July; 1884, and an attested copy of the copy of that affidavit registered in the Deeds Registry Office on the 14th day of July, 1884 ; also an attested copy affidavit by the said James Murphy, filed in the Exchequer Division on the 29th day of October, 1884, and an attested copy of the copy of the last-mentioned affidavit registered in the Deeds Registry Office on the 29th day of October, 1884. In the first affidavit James Maher was described as a shopkeeper, and there was no deÂÂscription of John Maher, nor was there any allegation in it that the judgment debt remained due. The second affidavit was as follows : -" I, James Murphy, one of the firm of Maxwell, Weldon & Co., of North Great George's-street, in the county of the city of Dublin, law agents for the Munster Bank (Limited), the Plaintiffs in this action, make oath and say that the said Plaintiffs the Munster Bank (Limited) did, on the 5th day of July, 1884, and in or as of Trinity Sittings, 1884, obtain and enter up a judgment in the Exchequer Division of Her Majesty's High Court of Justice in Ireland against the said James Maher and John Maher, the. Defendants in this action, for the sum of 688 19$. 3d., besides the sum of 6...