37 / 120
JULY, 1914]
The Gazette of the Incorporated Law Society of Ireland.
33
Preliminary Examination Prizes, 1913-14.
The Council awarded a Gold Medal to
James J. Davidson, and a Silver Medal to
Robert C. Bathurst.
Final Examination.
At the Final Examination, held upon the
25th, 26th and 27th days of May, the follow
ing passed the examination, and their names
are arranged in order of merit :—
1. William R. Richards.
2. Aloysius M. Dunlea.
3. Valentine W. Miley, B.A., Oxon.
4. Patrick E. Rogers.
5. James A. Henderson)
-p.
,
Michael P. Moran
j
*iquaL
7. James Toner.
8. John MacDonald.
9. George E. MacCarthy.
10. Cedric C. Mecredy, B.A., T.C.D.
11. Frederick H. Hall, B.A., T.C.D.
12. Robert E. H. Stack.
13. Christopher C. Shaw.
14. William A. F. Barry.
15. John D. O'Connell.
16. Philip F. M. Lavery, B.A., N.U.I.
17. Daniel J. Galvin.
18. John C. J. Murphy.
19. John T. McConnell.
20. Esmonde A. Power.
21. John L. Burke.
22. James Murray.
23. William Cairns, jun.
24. William O'K. White.
25. John S. Mitchell.
26. W. J. Magnicr, jun., B.A., T.C.D.
27. Robert I. Archer.
28. Ivan A. Howe, B.A., T.C.D.
29. Hugh C. F. O'Doherty.
The remaining candidates were postponed.
Thirty-four candidates attended :
twenty-
nine passed ;
five were postponed.
Final Examination Prizes.
The Council awarded a Gold Medal to
William R. Richards, Silver Medals
to
Aloysius M. Dunlea and Valentine W. Miley,
and Special Certificates to Patrick E. Rogers,
James A. Henderson and Michael P. Moran.
Recent Decisions affecting Solicitors.
(Notes of decisions, whether in reported or
unreported cases, of interest to Solicitors,
are invited from Members.}
CHANCERY DIVISION (ENGLAND).
(Before Sargant, J.)
A. G. SPALDING
v.
A. W. GAMAGE, LTD.
June 24, 25.—
Practice
—
Costs—Taxation—
Two
defendants
appearing
by
same
Solicitor
—
Separate defences and leading
Counsel—Discretion of Taxing Master—
Rules of the Supreme Court (England},
1883,
Order LXV., r.
27 (8),
with which
rule
65 (8)
of Order LXV. of the Rules of
the
Supreme Court
(Ireland},
1905,
corresponds.
SUMMONS taken out by defendants to review
the Taxing Master's certificate.
The action was originally brought on the
30th of August, 1912, against A. W. Gamage
and Co., alone, who were charged with selling
goods which were in fact the plaintiff's goods,
under a representation that they were a
different class of goods from what they were
in truth. On the 30th October, 1912, the
defendants, Benetfink and Co., Ltd., a com
pany in which A. W. Gamage and Co. held
some three-fourths of the share capital and
a controlling interest, were added as defen
dants, and an injunction and damages were
claimed against both defendants.
Both
defendants appeared by the same Solicitor,
but put in separate defences and employed
separate
leading Counsel
at
the
trial.
Sargant,
J., decided
in
favour
of
the
plaintiffs, and granted an injunction together
with an inquiry as to damages. The defen
dants appealed, appearing on the appeal by
the same Counsel, and the Court of Appeal
reversed the decision of Sargant, J., and
dismissed the action with costs in the Court
below and in the Appeal Court.
On the
taxation of the costs in the Court below the
Taxing Master disallowed the costs of the
separate defence put in by the defendants,
Benetfink'and Co., and the employment by
them of separate leading Counsel, for the
reason
that
the
two
companies were
practically identical.