73 / 90
FEBRUARY, 1916]
The Gazette of the Incorporated Law Society of Ireland.
71
4. John I. M. Carrigg,
\
Bartholomew J. Goff, B. A., [equal.
N.U.I.
'
6. James Boston.
7. Terence Doyle.
8. John B. Hamill, B.A., T.C.D.
9. David W. McGonigal.
The Council have awarded Special Certi
ficates to Arthur P. Orr and Stirling J . Seeds.
The remaining candidates have been post
poned.
New Solicitors.
THE following were admitted during January,
1916 :—
Name
Doyle, Terence
...-
Fogarty,
Stephen de Vere
Foley, John
McCoiirt, William James
McDonnell, Rd. Joseph
Ward, Peter Joseph
Served Apprenticeship to
W. Hunter, n Dame St.,
Dublin.
John P. Carrigan, Thurles.
Paul A. Brown, Carlow.
Daniel McCartan, Down-
patrick.
W. H. Spence, 37 West-
moreland St., Dublin.
James Henry, 41 Lower
Sackville St., Dublin.
Recent Decision affecting Solicitors.
(Notes of decisions, whether in reported or
unreported cases, of interest to Solicitors, are
invited from Members.}
CHANCERY DIVISION (ENGLAND).
(Before Peterson, J.)
In re Joseph Roby ; Shubrook
v.
Taylor.
January 20, 1916.—
Costs—Creditor's admini
stration action
—
Order
for administra
tion—Costs not mentioned—Accounts—
Further consideration
—
Plaintiffs costs—
Practice.
Further consideration.
On March 15, 1913, the plaintiff in this
action, who was a creditor for £18, obtained
against the defendant, who was an executor
of the Will of the testator, an order for the
administration of the testator's insolvent
estate. The order was made by Joyce, J.,
and nothing was said at the time about costs.
On December 10, 1914, the matter came on
for further consideration before Eve, J., who
adjourned it until the defendant had got in
the rest of the estate, and ordered the account
to be continued.
On
that occasion
the
defendant opposed" the plaintiff having his
costs, but Eve, J., declined to discuss the
question then. The rest of the estate having
been got in, the further consideration now
came on for hearing, the only question being
one of costs.
It was contended for the plaintiff that he
was entitled to them as a matter of course,
and for the defendant it was contended that
the reservation of costs in an administration
action did not entitle the plaintiff to have his
costs paid out of the estate, and that if he
were entitled to his costs down to judgment,
he ought not to be allowed his costs of taking
the account.
Peterson, J., referred to Order LV., rule
10 (Irish Order LV., rule 14), and said that
he was of opinion that it was the settled
practice that where in an administration
action a plaintiff obtained judgment and
nothing was said as to costs, he was entitled
to his costs down to judgment, and that
where an account was ordered by the judg
ment he was entitled, in the absence of
misconduct, to his costs of taking the account.
The costs of the plaintiff must be allowed
accordingly.
(Reported
The Law Journal,
Vol. LI., 64.)
Dates of Spring Assizes, 1916.
NORTH-EAST CIRCUIT.
Co. Meath.—At Trim, March 1st, at 11
o'clock.
Co. Louth.—At Dundalk, March 2nd, at
11 o'clock.
Co. Monaghan.—At Monaghan, March 4th,
at 11 o'clock.
Co. Armagh.—At Armagh, March 7th, at
11 o'clock.
Co. Down.—At Downpatrick, March 9th,
at 11 o'clock.
Co. Antrim.—At Belfast, March 14th, at
12 o'clock.
Co. of the City of Belfast.—At Belfast,
March 16th, at 11 o'clock.
Judges.
—Hon. Mr. Justice Boyd, Rt. Hon.
Mr. Justice Pirn.
Registrars.
—Mr. J. H. Monroe, Palmerston
Gardens, Dublin ; Mr. J. H. Nunn, Bective,
Pembroke Park, Dublin.