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LAW INTELLIGENCE.
SUPREME COURT.--FRIDAY.
(Before His Honor Sir Alfred Stephan, C.J.)
M'ENCROE v D'ARCY.
This was a proceeding by way of injunction to restrain
the publication of a weekly newspaper, called the Free-
man's Journal, in which the Venerable Archdeacon
McEncroe was plaintiff, and Michael D'Arcy and
Sheridan Moore defendants.
The Attorney-General appeared for the plaintiff, and
Mr. Martin for the defendants.
Before the case came on, Mr. Martin took an ob-
jection of a technical nature, which prevented the case
being heard, viz., that the plaintiff had neglected to file
affidavits in support of his application forty-eight hours
before the case was to be heard, and would consequently
be precluded from making use of any affidavits in the
case. This being a rule of court, his Honor dismissed
the application with costs.
The Attorney-General then moved, ex parte, for an in-
junction of the same nature as the last.
Mr. McEncroe's affidavit, read in support of his appli-
cation, stated that he was sole proprietor of the types,
printing presses, and property; that D'Arcy was his
agent for conducting thw paper, which was under the
supervision of Mr. McEncroe. The latter wishing, on
account of his objection to a Mr. Moore's connection
with the journal, to put a stop to its publication, inti-
mated this to the defendant, who refused to accede to
his request. A subsequent publication of the paper
took place under the objectionable editorship and
directly against the proprietor's wish. It appeared that
although Mr. McEncroe's name was not for some time
registered as proprietor in accordance with the statute,
a re-registration was made on the 8th January of the
present year (with, as alleged, D'Arcy's consent). Upon
these grounds the present application was made.
His Honor refused to grant the injunction, on
account of a negotiation going on between the parties,
and was of opinion that he would not be justified in
at this time acceding to this application.
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