60 / 338
When the Society were faced -with the necessity of deciding
whether a certificate should be issued to him they suffered
from the inevitable disadvantage that they were, in a sense,
at one and the same time part)' and judge in the same cause.
Neither the Chief Justice nor this Court suffers from that
disadvantage and ought to be free to judge the merits of the
matter independently of whatever the Society's view may be.
Moreover matters have not been static since the Society decided
to refuse a certificate last January, and the position has changed
happily for the better. Having tegard to all the circumstances
and in particular to:—the way in which the business of the
Duggan firm was being carried on when William Duggan
took it over; the efforts which he has made during the past
few years under exceptionally difficult circumstances
to
straighten matters out and to reduce his affairs to order;
the success which in large part has attended these efforts and
in particular the fact that in the three cases which gave rise
to the present proceedings he has met his obligations in full
and that no one is now at any loss ;
the fact that he says he has
determined to make every endeavour to meet all his obligations,
the facts that his
boiiafdes
in this respect has not been challenged,
and that we believe that he is sincere in his determination;
the fact that if he is not allowed to practise his task of attempting
to meet his obligations will be rendered much more difficult;
we are of opinion that neither the interests of the public, nor
the interests of the profession, require that Mr. Duggan be
prevented from practising as a solicitor, and that the interests
of his clients and, of course, those of Mr. Duggan himself will
be served by allowing him to practise. For these reasons we
are of opinion that the appeal in the matter from the decision
of the Chief Justice should be allowed ;
that his order should
be discharged ; and that the direction of the Society to the
Registrar to refuse to issue a practising certificate be discharged.
Having regard to the Court's view and decision of the case
on the merits it is unnecessary to decide the constitutional
issues raised by the notice of appeal.
The Supreme Court ordered that the appellant
should pay the Society's costs of the appeal to the
Chief Justice and that the Society should pay the
appellant's costs of the appeal to the Supreme Court
to be set
off pro tanto.
No costs were given to the
Attorney-General.
THE REGISTRY
Register B
SOLICITOR presently in practice seeks partnership in well
established firm in good provincial town preferably Leinster.
Replies treated in strict confidence. Box B. 229.
SOLICITOR, eight years qualified, general experience in busy
practice, seeks assistantship with good firm. Box B. 230.
SOLICITOR seeks partnership in well-established provincial
practice. Good working knowledge of all branches of country
solicitors' practice. Capital. Box B. 231.
SOLICITOR eleven years experience both country and city, in
all branches, excellent references, wishes to purchase practice
or partnership. (Country preferred). Box B. 232.
Register C
WILL any person who has possession of a Will of Luke Skeath
late of Knockroe, Monaghan, in the County of Monaghan or
has any knowledge of the whereabouts of same kindly
communicate with the undersigned.
Messrs. Keenan & Son, Solicitors, Monaghan.
FOR SALE. Books dealing with costs in High and Circuit
Court, Land Registry, Land Commission and under Solicitors
Remuneration Act. Apply John McMahon, Solicitor, Ardee,
Co. Louth.
LOST : Enterprise Trophy. Will any person knowing the
whereabouts of this trophy (played for at Killarney in 1956)
please furnish particulars to the Hon. Secretary, Geratd M.
Doyle, 50 Lower O'Connell St., Dublin.
OBITUARY
MR. PATRICK LISTON, Solicitor, died on 3rd Septem
ber, 1958, at the County Infirmary, Limerick.
Mr. Listen served his apprenticeship with the late
Mr. Patrick T. Liston, Rathkeale, Co. Limerick,
was admitted in Hilary Sittings, 1923, and practised
at Rathkeale, Co. Limerick, as senior partner in the
firm of Messrs. Patrick T. Liston and Company.
MR. THOMAS N. LYNAM, Solicitor, died on iyth
September, 1958, at the Adelaide Hospital, Dublin.
Mr. Lynam served his apprenticeship with Mr.
Robert I. Archer, 12 Upr. Ormond Quay, Dublin,
was admitted in Hilary Sittings, 1941, and practised
at 32 Lr. Ormond Quay, Dublin.
MR. ROBERT N. KELLER, Solicitor, died on 8th
October,
1958,
at his
residence
" Lismorna,"
Stillorgan Road, Donnybrook, Dublin.
Mr. Keller was admitted in Trinity Sittings, 1898,
and practised as senior partner in the firm of Messrs.
Whitney, Moore and Keller, at 46 Kildare Street,
Dublin.
MR. THOMAS EARLY, Solicitor, died on 19th October,
1958, at his residence, " Kington," Cowper Road,
Rathmines, Dublin.
Mr. Early served his apprenticeship with the late
Mr. Ignatius J. Rice, and the late Mr. Christopher
Friery, both of 52, Rutland Square, Dublin, was
admitted in Hilary Sittings, 1899, and practised at
63/64, Upr. O'Connell Street, under the style of
Messrs. Thomas Early and Son.
MR.
JOHN P. DILLON, Solicitor, died on 23rd
November, 1958, at his residence 10 Castle Road,
Dundalk, Co. Louth.
Mr. Dillon served his apprenticeship with the
late Mr. Thomas McCourt and Mr. Philip E.
McCourt, both of Dundalk, Co. Louth, was admitted
in Michaelmas Sittings, 1955, and practised at
Dundalk, Co. Louth, under the style of Messrs.
Cathal McAlester and Co.