The Queen, at the prosecution of John Quinlan, v John Danaher and Others

• Jurisdiction: Ireland
• Judgment Date: 02 November 1857
• Date: 02 November 1857
• Court: Queen's Bench Division (Ireland)

Queen's Bench

THE QUEEN, at the prosecution of JOHN QUINLAN,

and

JOHN DANAHER and others.

Regina v. ChapmanENR 8 C. & P. 558, 560.

T. T. 1857. Queen's Bench MORRIS V. HARTLEY. 18 COMMON LAW REPORTS. goods supplied for plaintiff's use, to which the defendant pleaded ; and on these pleadings the issue was, whether the money so paid was paid in liquidation of the plaintiff's demand ? At the trial, a verdict was found for the defendant, and this verdict was set aside on motion, and a new trial awarded.-[MooRE, J. The Court of Common Pleas have refused, after a verdict has been set aside, to allow a motion of this nature, unless on notice grounded on affidaÂÂvit.]-An affidavit is unnecessary in the present case. We admit the receipt of the money stated in the defence ; but we say that money was paid on foot of a different demand, and we seek to reply that fact. Battersby, contra. After the verdict has been set aside, the Court will not allow a replication to be put on the file raising a new issue. LEFROY, C. J. We should be very slow to exercise this jurisdiction. Before we allow a party to frame a new pleading, after a trial, we ought to be satisfied, on affidavit, of the object of the party, and that the appliÂÂcation was bona fide. No such ground has been laid for the present application ; we must, therefore, for precedent sake, refuse this appliÂÂcation, with costs. THE QUEEN, at the prosecution of JOHN QUINLAN, v. JOHN DANAHER and others. M. T. 1857. Nov. 2. Application to IN this case a verdict of manslaughter had been found against the bail prisoners, against whom prisoners by a Coroner's jury. At the Summer Assizes 1857, holden a true bill for murder has at Nenagh, for the county of Tipperary, the grand jury found a bill been found by a grand jury, after a finding of manslaughter by a Coroner's jury, refused. COMMON LAW REPORTS. 19 of indictment against the prisoners, for wilful murder; but, owing M. T. 1857, 's Benc to the illness of Danaher, the case was not tried at those Assizes. Queen h. THE QUEEN V. R. Armstrong now moved that the prisoners be admitted to bail. DANAHER. Upon reading the informations, it will be...