66 / 216
The Gazette of the Incorporated Law Society of Ireland.
[APRIL, 1922
COURT OF APPEAL IN SOUTHERN IRELAND.
(Before Molony, L.C.J.;. O'Connor, L. J. ;
and Wylie, J.)
PARKER
v.
CONNOLLY AND Co.
March 9, 1922.—
Rules of Supreme Court—
Government of Ireland Act,
1920—
Rules
invalid.
Ex parte
appeal. The plaintiff carried on
business
in Leicester, England, and the
defendants were a firm having a registered
office in Belfast. The action was for the
price of goods sold and delivered under a
contract made in Dublin.
The plaintiff
moved for liberty to issue and serve a writ
out of the jurisdiction upon the defendants
at their registered office in Belfast, relying on
the provisions of the new rules substituted
for.Order XL, Rule 1
(e)
and
(f),
by Order
in Council,
dated
10th October,"
1921,
published in
the
Dublin Gazette
of llth
October, 1921.
Samuels, J., refused the
application, and the plaintiff appealed.
The Court refused the motion, holding that
the new rules were
ultra vires,
and, accord
ingly, invalid, having been made under an
Order in Council subsequent to October 1st,
1921, the day appointed for the purposes of
the Government of Ireland Act, 1920, on
which the Supreme Court of Judicature in
Ireland ceased to exist.
The effect of this judgment is to render
invalid the amendments and alterations to
Orders IX. (Service), XL (Service out of
Jurisdiction), XXIX. (Security for Costs),
XLI.
(Entry of Judgment), LXXXVIII.
(Bankruptcy),
contained
in
the Orders
published in the
Dublin Gazette
of
llth
October, 1921.
(Reported
I.L.T.R.,
18th March, 1922.)
Notice of Change of Address.
Messrs. KERIN & HICKMAN, Solicitors, Ennis,
have changed their registered address
from 55 Dawson Street to
3 LOWER MERRION STREET, DUBLIN.
ALL communications connected with THE
GAZETTE (other than advertisements) should
be addressed to the Secretary of the Society,
Solicitors' Buildings, Four Courts, Dublin.