Wolseley v Worthington

• Jurisdiction: Ireland
• Court: Court of Appeal in Chancery (Ireland)
• Judgment Date: 27 April 1863
• Date: 27 April 1863

Ch. Appeal.

WOLSELEY

and

WORTHINGTON.

Dexter v. CustIR 13 Ir. Com. Law Rep. 97.

Miller v. SalomonsENRENR 7 Exch. 475; S. C., 8 Exch. 778.

Hewer v. Cox 6 Jur., N. S., 1339.

Blackwell v. EnglandENR 8 El. & Bl. 541.

In re Fitzgerald 11 Ir. Chan. Rep. 278.

M'Dowell v. Wheatly 7 Ir. Com. Law. Rep. 562.

Crosbie v. MurphyIR 8 Ir. Com. Law Rep. 301.

Blackwell v. England 8 Ell. & Bl. 541.

Woodroffe v. Greene 12 Ir. Chan. Rep. 473.

Re Smith & Ross 11 Ir. Chan. Rep. 397.

CHANCERY REPORTS. 369 1863. Ch. Appeal. Court of apptai in CDourtrp. s - April 27. Tuts case came before the Court upon an appeal from an order The entry, by the officer, of made by his Honor the Master of the Rolls. the party's name, &c., in The case in the Court below is reported supra, vol. 13, p. 341, the roll of judgment, un where the facts are fully stated. der the 8 G. 4, c. 35, s. 8, is not the title of a judgment. Mr. Lawless and Mr. Heron, for the appellant. In such entry, The original affidavit in this case is wholly insufficient, and the jaunddg m ienn t , thee supplemental affidavit does not cure the defect. In the first place, statement p it is a nullity, not having been taken in pursuance of the provisions wofe• rteh edilaiffeirnetnt of the 19 & 20 Vic., c. 113, s. 23, nor of the 3 & 4 W. 4, c. 82,°by An affirma- tion, made for which power is given to take an affirmation instead of an oath, in the purpose of registering the certain cases. Those statutes however provide certain forms, which...