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    1. [COTIPPERARY] Jan 28th. 1860. From the Times.
    2. Mary Heaphy
    3. Jan 28th. 1860. From the Times. Court of Common Pleas-Yesterday. Before the Full Court. George Massey Dawson V. Rev. Lorenzo Clutterbuck and others. Mr. Rollestone, Q.C. on the part of the defendants, applied to have the venue changed in this case from the County of Dublin, to the North Riding of Tipperary where the alleged cause of action arose. The action was brought to try title to the mountain of Curragh, in the County of Tipperary, upon which the defendant Mr. Clutterbuck and his tenants, committed, it was alleged, trespasses, by pulling up certain poles and stakes upon which cautionary notices has been posted. The tenants lodged £5 in court, as compensation for the damage committed by them; but Mr. Clutterbuck pleaded a special plea, denying the title of the plaintiff, and that he and his ancestors had right of commonage and sporting over this mountain from time immemorial. The principal grounds upon which the defendant relied for changing the venue was, that the witnesses to be examined on his part very old persons, and all resided in the neighbourhood in which the cause of action arose. The plaintiff, on the other hand, denied that the trial of the case at Clonmel would be attended with more convenience than if it were tried in Dublin, and also that the public mind had been prejudiced against him, in consequence of a notice that was extensively circulated by the defendant's agent amongst the people in the neighbourhood. It appearing to the court that the defendant had pleaded several pleas which he was not entitled to do without the leave of the Court, the motion stands adjourned until Monday, for the purpose of allowing the defendant to amend his pleas in such a way as he might be advised. Counsel for the Plaintiff-Sergeant Fitzgibbon and Mr. Darlay, Q.C.; For the defendant --Mr. Rollestone, Q.C., and Mr. Johnstone.

    01/13/2008 08:39:30