Courts of Justice Act, 1936

Miscellaneous provisions in relation to appeals.

40.—The following provisions shall apply and have effect in relation to all appeals under this Part of this Act to the High Court sitting in Dublin or to the High Court on Circuit, that is to say:—

(a) any such appeal may be limited to a specified part of the judgment or order which is the subject of such appeal;

(b) where there are several plaintiffs or several defendants, any one or more of such plaintiffs or such defendants (as the case may be) may appeal although the other or others of such plaintiffs or defendants refuse to join in such appeal;

(c) where there are several appellants or several respondents, and one or more but not all of such appellants or of such respondents dies or die before such appeal is determined, such appeal shall not abate by reason of such death or deaths;

(d) every notice in writing given by any party to the suit or matter to another such party for the purposes of the trial or hearing in the Circuit Court shall be good for the hearing of the appeal without renewal;

(e) the judge hearing the appeal shall have full powers of amendment in respect of summonses, civil bills, pleadings, notices, and other documents.