Jackson v Jackson [1966] JJ 579 (14 February 1966)

Jackson v Jackson [1966] JJ 579 (14 February 1966)

Plaintiff was non-suited because proceedings were commenced by the wrong process; correct process is bille de prevot, not order of justice, and not during vacation. Plaintiff may recommence by correct process unless limitation period has expired.

Citation
[1966] JJ 579
Parties
Plaintiff: Jackson; Defendant: Jackson
Jurisdiction
Jersey
Judgment Date
14 February 1966
Procedural Posture
Action to Annul Will of Realty / Non Suited at Initial Stage Due to Procedural Defect
Outcome
Plaintiff non-suited due to procedural defect; may recommence if within time limit.
Legal Topics
Annulment of Will, Procedure for Commencing Proceedings, Limitation Period
Succession Wills Annulment of Will Procedure for Commencing Proceedings Limitation Period

Case Brief

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Parties

Jackson

Plaintiff

Jackson

Defendant

Procedural Posture

Action to Annul Will of Realty / Non Suited at Initial Stage Due to Procedural Defect

Legal Issues

  1. 1 Whether proceedings to annul a will of realty must be commenced by bille de prevot rather than order of justice
  2. 2 Whether proceedings may be commenced by bille during vacation
  3. 3 Whether plaintiff may recommence proceedings after being non-suited for procedural defect

Ratio Decidendi

Plaintiff was non-suited because proceedings were commenced by the wrong process; correct process is bille de prevot, not order of justice, and not during vacation. Plaintiff may recommence by correct process unless limitation period has expired.

Court Disposition

Plaintiff non-suited due to procedural defect; may recommence if within time limit.

Orders

  • Plaintiff non-suited
  • Plaintiff may recommence proceedings by correct process unless out of time