Tisdall v Humphrey

• Jurisdiction: Ireland
• Judgment Date: 12 January 1867
• Date: 12 January 1867
• Court: High Court

Com. Pleas.

TISDALL

and

HUMPHREY.

Rowan v. D'Arcy 2 Ir. Jur. O. S. 315.

Lewis v. BerryUNK 6 Ir. L. R. 45.

Judgment set aside for nullity of Service of Summons and Plaint, under 32nd sect. of

THE IRISH REPORTS. donna Tab). iitries. TISDA LT, v. HUMPHREY. Com. Pleas. Judgment set aside for nullity of Service of Summons and Plaint, under 32nd sect. 1867. of C. L. P. Act. Jan. 12. A judgment will be set aside, though there is no affidavit of merits, or denial that the process came to the hands of the Defendant, where the service of the bummons and Plaint alleged is under the 32nd sect. of the C. L. P. Act, 1853 ; and the Court is not satisfied that the Defendant was within the jurisdiction at the time of the alleged service. SERJBANT BARRY (with him J. Monroe), moved on beÂhalf of Benjamin Humphrey, the Defendant, to set aside a judgÂment obtained against him by J. T. Tisdall, the Plaintiff, on the 4th of December, 1866, for £516 4s. 6d. debt, and £7 4s. 11d. costs, on the ground that the Defendant was not within the jurisdiction at the time of the alleged service of the summons and plaint, the DeÂfendant undertaking to prosecute the process server for perjury. The process server, in his affidavit, stated that on the 14th and 15th of November, 1866, he repaired to the residence of the DeÂfendant, No. 4, Brighton-terrace, Bray, and inquired for the DeÂfendant, when a female servant opened the door, and informed Deponent that Defendant was out ; that on the 14th he repaired to 23, Eceles-street, lately the residence of the Defendant, and was inÂformed by a female servant, who opened the door, that Defendant had been there the week before, and had desired her to keep his letters until he should send for them ; that letters had subsequently VOL. 1. 2 THE IRISH REPORTS. come there for Defendant, and were sent for, and forwarded to him ; and Deponent then gave to said female servant a true copy of the summons and plaint, and showed her the original ; and Deponent farther stated that the said Defendant was, on the 17th of NovemÂber, 1866, personally within the jurisdiction of the Court ; and DeÂponent says, that on the 17th of November he served Defendant, by leaving a copy of the summons and plaint with Defendant's serÂvant, at his residence, 4, Brighton-terrace, Bray. The Defendant made an affidavit, stating that in May, 1866, he had left Ireland for the -United States; that he had returned to this country on the 24th of October, and left it...