William Smith & Company v "Smith and Neill"

• Jurisdiction: Ireland
• Judgment Date: 19 January 1878
• Date: 19 January 1878
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

Before BARRY, J., in Chamber.

WILLIAM SMITH & CO.

and

"SMITH AND NEILL"

Order XV., rule 10 Order XLI., rule 8 Serving a partner in the name of the firm Marking judgment against a firm, one partner only being served.

Von. XI.] COMMON LAW SERIES. MDermott, Q. C. (with him Carton, Q. C., and Kenny), for the Plaintiff, contra. The rule on this point is laid down in Chitty's Archbold (12th ed.) 1536: " The motion cannot be made after the time limited by the above rule, though the parties consent thereto, and the practice as to moving within this time will be rigidly adhered to : " Ellaby v. Moore (1) ; Lanyon v. Kelly (2). BARRY, J. :- Serjt. Robinson said he had only just returned from Sessions. The time has frequently been extended. What substantial differÂÂence can it make that the time has elapsed, when there are excepÂÂtional circumstances to induce us to extend the time, as in this case? At the same time, I intend to adhere strictly to the four-day rule, except when there are exceptional circumstances. 535 Q. B. Dir. 1878. HUNT V. MALLET. Q. B. Div. 1878. Judicature Act-Order XV., rule 10-Order ILL, rule 8-Serving a partner in the name of the firm-Harking judgment against a firm, one partner only Jan. 19. being served. Where one partner only of a firm is served with a writ of summons, judgÂÂment cannot be entered either against the firm or against the particular partner served, under the rules in Ireland relating to the serving of partners in the name of the firm. MOTION to enter judgment against the firm of " Smith & Neill," in an action on the acceptance of the firm. The Plaintiffs were a firm in Leicester, and the Defendants were sued in the name of their firm " Smith & Neill," trading in Newry. The writ of sumÂÂmons was served on Smith, one of the firm, but not on Neill, the other member, and there was no appearance entered by either. Overend, for the Plaintiffs.---Order XV., rule 10, and Order "XIJ., rule 8, of the New Rules entitle the Plaintiffs to have judg (1) 22 L. J. C. P. 253. (3) Before BARRY, J., in Chamber. (2) 8 L. J. Q. B. 40. 536 THE IRISH REPORTS. [I. R. Q. B. ment against the firm as such, and to be entitled to execution 1878. against the goods of the firm and the goods of the partner served. SMITH & Co. All the partnership rules in force in England appear to have been smiTV.rf &amp...