The Gazette 1927-30

The Gazette of the Incorporated Law Society of Ireland.

[JULY, 1928

12

Held, that the procedure laid down in Order VII., Rule 4, of the High Court Rules of 13th July, 1926, as amended by the Rules of 14th April, 1927, superseded the procedure contemplated by Order XIII., Rule 3, of the Rules of the Supreme Court (Ireland), 1905, and that the procedure under Order VII., Rule 4, not having been complied with in this case, the judgment was marked irregularly and must be set aside with costs. July 13th—On appeal to the Supreme Court (consisting of Sullivan, J., President, of the High Court, and FitzGibbon and Murnaghan, J.J.), the Court dismissed the appeal, and affirmed the above decision with costs. CIRCUIT COURT RULES. The Report of the Joint Committee of the Oireachtas appointed to consider and report on the Rules of the Circuit Court can be obtained from Messrs. Eason and Son, 40 and 41 Lower O'Connell Street, Dublin, price threepence, by post fourpence. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, 45 Kildare Street, Dublin, C.17.

being for the price of goods sold and delivered and for work done by the plaintiffs to and for the defendant. The Summons was served on the defendant personally on 12th May, 1928. No appearance was entered thereto, and on the 22nd May, 1928 the plaintiff marked judgment, in the office of the High Court, against the defendant for the sum claimed together with seven guineas costs as in default of appearance. One of the irregularities relied upon was failure to comply with Order VII. Rule 4., of the High Court Rules of 13th July, 1926, as amended by the Rules of 14th April, 1927. That Rule so amended provides that:— " In case of default of appearance of any defendant (other than such defendant as is in Rule 2, hereof mentioned) to a summary Summons or to a plenary Summons on foot of a liquidated demand, such judgment may be given on the hearing of the Summons as the Master or the Judge, as the case may be, may consider the plaintiff to be entitled to, but no judgment by default shall be entered for any debt or liquidated demand under this Rule until an affidavit shall have been filed specifying the sum then actually due." The case, admittedly, never came before the Master or a Judge, and the procedure for obtaining judgment in default of appearance which was in force prior to the Rules of 13th July, 1926, was followed.