The Queen, Appellant; Barton and Great Southern and Western Railway Company Respondents

• Jurisdiction: Ireland
• Judge: H. L.
• Judgment Date: 01 May 1902
• Court: House of Lords (Ireland)
• Date: 01 May 1902

The Queen (at the prosecution of the County Council of Kildare)

Appellant

and

Barton and Great Southern and Western Railway Company

Respondents.

H. L.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1902.

Appeal—House of Lords—Certiorari—39 & 40 Vict. c. 59, 3, 12—Judicature Act (Ireland), 1877, s. 86.

Appeal by the County Council of Kildare from the judgment of the Court of Appeal, [1901] 2 I. R. 215. The respondent Company objected to the competency of the appeal.

Ronan, K.C., and D. G. Chaytor, for the Company.

The Solicitor-General for Ireland (Campbell, K.C.), and Vesey Fitz Gerald, for the Commissioner of Valuation.

Balfour Browne, K.C., of the English Bar (Falconer, K.C., and Sylvain Mayer, of the English Bar, with him), for the appellants.

The House of Lords (Earl of Halsbury, L.C., and Lords Shand, Davey, Brampton, and Robertson) held that the appeal was incompetent (1).

(1) [1902] A. C. 268.