White v Tyndall

• Jurisdiction: Ireland
• Judgment Date: 30 June 1886
• Date: 30 June 1886
• Court: Common Pleas Division (Ireland)

C. P. Div.

Before SIR MICHAEL MORRIS, C. J., and HARRISON, J.

TYNDALL

and

WHITE

Primrose v. BromleyENR 1 Atk. 89.

Tippins v. CoatesENR 18 Beav. 401.

Eccleston v. Clipsham 1 Wms. Saunders,153.

Levy v. SaleUNK 37 L. T. 709.

Clarke v. BickersENR 14 Sim. 639.

pitsley v. WatsonENR 3 Exch. 723.

Enys v. Donnithorpe 2 Burrows,1190.

Copland v. Laporte 3 A. & E. 571.

Towers v. MooreENR 2 Vernon,98.

Sumner v. PowelENR 2 Merivale,30.

Simpson v. VaughanENR 2 Atk. 30. .

Beer v. BeerENR 12 C. B. 60.

Bradburne v. BotfieldENR 14 M. & W. 459.

v. Addenbrook 4 Q. B. 197.

Anderson v. MartindaleENR 1 East. 497.

Wollaston v. HakewillUNK 3 M. & G. 297.

Lexy v. SaleUNK 37 L. T. (N. S. )709.

Landlord and tenant — Lease — Covenant — Whether joint or joint and several.

VoL. XVIII.] Q. B., C. P., & EX. DIVISIONS. law was powerless to prevent." The decision is that the law was powerless to realize the value of goods lawfully seized by a public officer for payment of a public demand. I think very different evidence indeed from that given in this case ought to be required to show that no legal remedy could be found available to enforce the payment of a public assessment by a person who had sufficient property to discharge it. I have said nothing about " vindicating the majesty of the law," but I say distinctly that the defendant in this case undertook the burden of proving, and has failed, in my opinion, to prove, that the law was powerless to collect this rate. PORTER, M. R. :- I wish just to add that when I used the phrase that the law was powerless, I meant that the law was powerless to compel persons to buy the property seized, unless they chose to do so. FITZ GIBBON, L. J. :- The judgment of the Court is that the law has been proved powerless to recover these rates. Solicitor for the appellants : G. Toomey. Solicitor for the respondents : Stephen J. Brown. TYNDALL v. WHITE (1). Landlord and tonani-Loaso-Covenani-Whother joint br joint and moral. A lease of lands to A and B, to hold to A and B, their executors, adminisÂtrators, and assigns, as tenants in common, for a term of years, contained a covenant by A and B that they, or some or one of them, their executors, administrators, or assigns, would pay the reserved rent, and keep the demised premises in repair :- Held, a joint covenant only, and not joint and several. (1) Before Bra MICHAEL MORRIS, Ca., and HARMON* IL, LAW REPORTS (IRELAND). [L. R. L AcnoN for £140, for arrears of rent, under a lease dated the 21st July 1842, and £3000 damages for breach of covenant to reÂpair, therein contained. The lease was made between Richard Pope, of the one part, and George White, since deceased, and the defenÂdant Albert White, of the other part. The defendants William White and George Edwin White, were sued as executors of the said George White. By the lease in question, as set out in the statement of claim, the said Richard Pope, the lessor, demised the lands to the said George White and Albert White, to hold the...