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The Gazette of the Incorporated Law Society of Ireland.
[JULY, 1928
being for the price of goods sold and delivered
and for work done by the plaintiffs to and for
the defendant.
The Summons was served on the defendant
personally on 12th May, 1928. No appearance
was entered thereto, and on the 22nd May,
1928 the plaintiff marked judgment, in the
office of the High Court, against the defendant
for the sum claimed
together with seven
guineas costs as in default of appearance.
One of the irregularities relied upon was
failure to comply with Order VII. Rule 4.,
of the High Court Rules of 13th July, 1926,
as amended by the Rules of 14th April, 1927.
That Rule so amended provides that:—
" In case of default of appearance of any
defendant (other than such defendant as is in
Rule 2, hereof mentioned) to a summary
Summons or to a plenary Summons on foot
of a
liquidated demand, such
judgment
may be given on the hearing of the Summons
as the Master or the Judge, as the case may
be, may consider the plaintiff to be entitled
to, but no judgment by default shall be
entered for any debt or liquidated demand
under this Rule until an affidavit shall have
been filed specifying the sum then actually
due." The case, admittedly, never came
before the Master or a Judge, and the
procedure for obtaining judgment in default
of appearance which was in force prior to the
Rules of 13th July, 1926, was followed.
Held,
that the procedure laid down in
Order VII., Rule 4, of the High Court Rules
of 13th July, 1926, as amended by the
Rules of 14th April, 1927, superseded the
procedure contemplated by Order XIII.,
Rule 3, of the Rules of the Supreme Court
(Ireland), 1905, and that
the procedure
under Order VII., Rule 4, not having been
complied with in this case, the judgment
was marked irregularly and must be set
aside with costs.
July 13th—On appeal to
the Supreme
Court (consisting of Sullivan, J., President,
of
the High Court, and FitzGibbon and
Murnaghan, J.J.), the Court dismissed the
appeal, and affirmed
the above decision
with costs.
CIRCUIT COURT RULES.
The Report of the Joint Committee of the
Oireachtas appointed to consider and report
on the Rules of the Circuit Court can be
obtained from Messrs. Eason and Son, 40
and 41 Lower O'Connell Street, Dublin,
price threepence, by post fourpence.
ALL communications connected with THE
GAZETTE (other than advertisements) should
be addressed to the Secretary of the Society,
45 Kildare Street, Dublin, C.17.