Emerson v Hearty and Morgan

JurisdictionNorthern Ireland
Judgment Date01 January 1946
Date01 January 1946
CourtCourt of Appeal (Northern Ireland)
(C.A., N.I.),
Emerson
and
Hearty and Morgan

Principles to be observed when drafting.

A case stated should be in paragraphs setting out the facts of the case, the contentions of the parties and the trial Judge's findings of fact and any inferences or conclusions of fact which he drew from the facts found by him.

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18 cases
  • McGinley v Criminal Assets Bureau (Cab)
    • Ireland
    • Supreme Court
    • 30 May 2001
    ...WELFARE (AMDT) ACT 1997 S34 SOCIAL WELFARE (CONSOLIDATION) ACT 1993 S253(A) CRIMINAL ASSETS BUREAU ACT 1996 S14 EMERSON V HEARTY & MORGAN 1946 NI 35 MITCHELSTOWN CO-OPERATIVE SOCIETY V COMMISSIONER FOR VALUATION 1989 IR 210 DEPARTMENT OF THE ENVIRONMENT V FAIR EMPLOYMENT AGENCY 1989 NI 1......
  • Mitchelstown Co-Operative Society Ltd v Commissioner of Valuation
    • Ireland
    • High Court
    • 29 May 1989
    ...findings of fact. So Held by Blayney J. in returning a case stated to the Valuation Tribunal for amendment. Emersonv. Hearty & MorganDNI [1946] N.I. 35 followed. Mitchelstown Co-Op Society v. Comr. for Valuation Mitchelstown Co-Operative Society Limited Appellant and The Commissioner for Va......
  • James P Corey Transport Limited and Owen Jacobson and Belfast Harbour Commissioners
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • 27 January 2021
    ...and inferred facts, then the contentions of each party, then the judge’s findings, and finally the precise point of law: Emerson v Hearty [1946] NI 35. All these matters should be entirely contained in the text of the case stated itself, not in any annexed document: Michelstown Co-op v Comm......
  • Lee Brown and Public Prosecution Service for Northern Ireland
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • 31 January 2022
    ...to determination of questions of law. The characteristics of a case stated appeal are well known in this jurisdiction. In Emerson v Hearty [1946] NI 35 the Court stated that “the task of finding the facts and of drawing the proper inferences and conclusions of fact from the facts so found i......
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