Flynn v Sweeney

JurisdictionNorthern Ireland
Judgment Date01 January 1933
Date01 January 1933
CourtRecorder’s Court (Northern Ireland)
[Cir. Ct., I.F.S.],
Flynn
and
Sweeney

Decree - Stay on execution - Power or discretion of District Justice to stay execution indefinitely.

A landlord was granted a decree in ejectment for overholding against a weekly tenant. The actual reason for the proceedings was that the tenant had failed to pay rent for some years. The District Justice stayed the execution of the decree generally provided that the tenant paid the arrears by instalments with the current rent. The landlord appealed against so much of the decree as declared that tho defendant was entitled to any stay of execution. The Circuit Court allowed the appeal and varied the District...

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