The Irish Jurist Volume 14 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1862 Excerpt: ...hand, if the plaintiff ivitlioiu serving the defendant, accepts the appearance uf an unauthorised attorney for the defendant, he is not wholly free from the imputation of negligence; the law requires him to give notice to the defendant by serving the writ, and he has not done so. The defendant there is wholly free from blame, and the plaintiff not so; and upon the same principle on which wo before proceeded we must set aside the judgment as irregular, with costs." Serjeant Armstrong (with hmExham), for the plaintiff, contended that the defendant should pay the costs of the motion if the judgment were set aside.--The plaintiff's affidavit nsed before Deasy. B in chamber charged the defendant with having got notice of dishonor, and with having given authority to sign the consent; and the defendant made no affidavit contradicting this, but a third person made an affidavit stating the defend mt was ill. There was no other course for Deasy, B. to adopt. _Monahan, C.J.--Had the attention of Deasy. ., been called to Bayky v. Buckland, I conceive he would have called for the town agent, who was an attorney and an officer of the court, and asked him for the authority by which he signed the consent. When once it appears a writ has not been served, the onus to show authority is on the plaintiff. The court has entire jurisdiction as to costs; and had the defendant denied his liability in proper time, this motion would never have been heard of. An attorney generally employed bas a right to defend an action without a special retainer though he has no right to commence one (Ohitty's Archbold, 73). Ball, J.--lf at the time the attorney is acting in other matters;. but that is not shown here. Mon/vhan, C. J--This is a hard case, in which s number of affidavits h...