89 / 116
FEB., 1908]
The Gazette of the Incorporated Law
Society of
Ireland.
87
Edward Donoghue, Clerk of Petty Sessions,
Mountbellew.
Edward Gallagher, Merchant, Slrabane.
Robert C. Lendrum, Clerk of Petty Sessions,
Clonakilty.
Robt. Partridge, Commercial Clerk, Ballagh-
adereen.
Herbert T. Radcliffe, Clerk of Petty Sessions,
Kells.
John Torish, Sub-Sanitary Officer and Regis
tration Agent, Strabane.
Legal Appointments.
MR. J. Russell Stritch, Solicitor, Dublin, has
been appointed by the Town Clerk of Dublin
to be one of the Registrars of the Dublin Court
for the Revision of Lists of Voters.
Obituary.
MR. James W. Slacke, Solicitor, died on the
25th January, 1908, at his residence, Annadale,
Drumcong, Carrick-on-Shannon. Mr. Slacke,
who served his apprenticeship with the late
Mr. Aquila M'Mahon, of 31 College Green,
Dublin, was admitted in Easter Sittings, 1889,
and practised at Carrick-on-Shannon.
Mr. Thomas Coulter Dickie, Solicitor, died
at his residence, Clonavon, Omagh, on the
28th January, 1908. Mr. Dickie was admitted
in Michaelmas Sittings, 1861, and practised at
Omagh in partnership with Mr. Robert H.
Carson under the style of Dickie & Carson.
He filled the office of Sessional Crown Solicitor
for County Tyrone for many years, and he was
also local Registrar of Titles for the County
Tyrone ;
the former office he resigned in 1905,
and his partner, Mr. Carson, was appointed to
succeed him.
Calendar of Incorporated Law Society, 1908.
THE Calendar and Law Directory, published
by the Society, for 1908, can be obtained in the
Secretary's office, price three shillings, or by
post three shillings and four pence.
Recent Decisions affecting Solicitors.
(
Notes ofdecisions, whether in reported or unreportcd
cases, of interest to Solicitors, are invited from
Members.}
COURT OF APPEAL (IRELAND).
(Before Sir S. Walker, Ba
rt., L.C.; FitzGibbon
and Holmes,
L.JJ.)
Mulholland and others
v.
M'-Parland and
another.
January 14, 1908.—
Costs
—
Medical evidence—
Special reports—Direction of proofs by 'senior
counsel.
Fees paid to medical gentlemen, not as expert
witnesses, but for consultation and special reports
had and made by them as to the general mental
condition ofa patient ivhile under their observation,
will not be alloived as part of the costs of an action,
even where such consultation and special reports
have been had and made in accordance ivith the
advice of senior counsel when directing proofs.
APPEAL by the plaintiffs from an order of
Andrews,
J.,
dated November 25,
1907,
refusing the plaintiffs' application to review
the taxation of the plaintiffs' costs, and to allow
to the plaintiffs, as part of their costs in the
action, certain
items appealed from.
The
action was brought to establish the last will
and testament of Terence M'Parland, deceased,
of Newry. The testamentary capacity of the
testator was impeached on
the ground of
insane delusions on the part of the testator as
to his wife's chastity. The trial of the action
took place
in Dublin, before Mr. Justice
Madden and a special jury, on November 28,
1906, and the following days, and resulted in
the jury finding against the will. The costs
having gone to taxation, objection was taken
by the plaintiffs to the rulings of the Taxing
Master
(Master Goff) as
to
the following
items:—"Item 78—Attending on Dr. Burke
Savage and Surgeon Kennedy, arranging as to
report as
to operation upon, and death of,
deceased,
6s.
8d.
Item 80—Paid
fee
to
Dr. Burke Savage for consultation and report,
£4.
4^.
Item
81—Like
fee
to
Surgeon
Kennedy, ^4 4^.
Item 216—John Kean,
M.D., Newry, six days' attendance, including
substitute's fee, at ^"5
$s.,
^'31 10^." The
Taxing Master refused to allow anything in
respect of items 78, 80, and 81 ; but in respect
of item 216 he allowed a sum of ^3
3$.
a day
for three days. Andrews, J., having refused
the plaintiffs' application for a review, the