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The Gazette of the Incorporated Law Society of Ireland.
[FEBRUARY, 1931
RECENT LEGAL DECISION.
HIGH COURT OF JUSTICE.
(Before Meredith and Johnston, JJ.)
15th January, 1931.
MCEVOY V. FlTZPATRICK.
This was an appeal from the Circuit Court
of County Cavan.
The action had been instituted in the High
Court, and Mr. Justice Hanna had trans–
ferred the hearing to the Circuit Court, and
directed that the defendant's costs of the
proceedings in the High Court should be
included in the costs of the hearing of the
action, and gave n o directions about plaintiff's
costs.
Counsel for the appellant stated that at
Bailieborough Circuit Court Judge Sheehy
gave judgment in favour of the plaintiff, with
costs, for £25 6s. 9d. for work done and
materials supplied.
The amount of
the
decree was paid, and the judge referred the
matter to the Registrar to fix the amount of
costs. The Registrar measured the costs at
£17 8s. 6d., allowing High Court costs up to
the date of Transfer, and Circuit Court costs
from that date.
The defendant submitted that the costs
should not exceed
£2
16s. 9d., based on the
Circuit Court scale.
The defendant appealed to the Circuit
Court Judge, who upheld the Registrar.
An appeal was then taken to the High
Court.
The Court held that, as there was no High
Court order that the costs should be taxed on
the High Court scale, they should be taxed on
the Circuit Court scale. Accordingly, they
allowed the appeal, with costs, and fixed the
costs of the hearing in the Circuit Court at
£2
18s. 6d.
COURTS OF JUSTICE ACTS.
The Report of the Joint Committee on the
Courts of Justice Act, 1924, together with
the proceedings of the Joint Committee,
minutes of evidence and appendices, can be
obtained through any bookseller, or from the
Government Publications Sale Office,
5
Nassau Street, Dublin. Price five shillings.
THE
SOCIETY'S CALENDAR,
1931.
The Calendar and Law Directory of the
Society for 1931 can be obtained at the
Secretary's Office, 45 Kildare Street, Dublin.
Price five shillings ;
by post, five shillings
and sixpence.
APRIL EXAMINATIONS, 1931.
The Final Examination will be held on the
14th and 15th days of April.
Notice of intention to attend the examina–
tion should be lodged in the Secretary's Office,
45 Kildare Street, Dublin, before 25th March.
The Preliminary Examination will be held
on the 20th and 21st days of April.
Notice of intention to attend the examina–
tion should be lodged in the Secretary's Office,
45 Kildare Street, Dublin, before 30th March.
ALL communications connected with THE
GAZETTE (other than advertisements) should
be addressed to the Secretary of the Society,
45 Kildare Street, Dublin, C.17.