Batchellor v Lawrence and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1861 |
| Date | 01 January 1861 |
| Court | Court of Common Pleas |
English Reports Citation: 142 E.R. 214
IN THE COURT OF COMMON PLEAS
S. C. 30 L. J. C. P. 39; 3 L. T. 508; 6 Jur. N. S. 1306; 9 W. R. 373. Referred to, Fitzgerald v. M'Cowan, [1898] 2 L. R. 9.
214 BATCHELLOR V. LAWRENCE 9 C. B. (N. S.) 543. [543] cases argued and determined in the court of common pleas, [N hilary term, in the twenty-fourth year of the reign of victoria. The Judges who usually sat in banco in this term, were Erie, C. J., Williams, J., Willes, J., and Keating, .1. batchellok v. lawrence and others. I8(il. [S. C. 30 L. J. C. P. 39 : 3 L. T. 508 ; 6 Jur. N'. S. 1306 ; 9 W. R. 373. Referred to, Fitzgerald v. M'Umvan, [1898] 2 I. Li. 9.] A., who waa jointly liable with nine other persons, having been taken under a ca. sa., paid the entire debt:-Held, that he was entitled, by virtue of the 5th section of the Mercantile Law Amendment Act, 19 & 20 Viet. c. 97, to an assignment of the judgment; and that, in an action against the judgment-creditor to enforce such assignment, a plea that the judgment had been satisfied by payment by A. after he had been taken in execution under it, was no answer. The declaration stated that, before the committing of the grievances thereinafter mentioned, the plaintiff became liable jointly with one Thomas Gray. William Davios, Edwin Chance, James Freeman, George Sharp, Joseph Odell, Thomas Hunt, Harry Ward Astbury, and Jonah Milner, to pay to the defendants the sum of 211. 5s. Id.; that, being so liable, the defendants, on the 28th of March, I860, in the Mayor's court of [544] London, by the consideration and judgment of the said court, recovered against the plaintiff and the said Thomas Gray, William Davies, Edwin Chance, James Freeman, George Sharp, Joseph Odell, Thomas Hunt, Harry Ward Astbury, and Jonah Milner, the sum of 301., together with 81. 4s. 2d. for costs of suit, amounting in the whole to the sum of 381. 4s. 2d.; that the defendants afterwards issued execution against the plaintiff on the said judgment for the sum of 291. 9s. 3d., and the plaintiff waa forced and obliged to pay and did pay the said sum of 2!)l. 9s. .'id. for which judgment had been so recovered as aforesaid ; that the plaintiff thereupon became entitled to have the said judgment assigned to him, in order to obtain from the.said Thomp,s Gray, William Davies, Edwin Chance, James Freeman, George Sharp, Joseph Odell,' Thomas Hunt, Harry Ward Astbury, and Jonah Mitner their ju?t proportion of the same ; and that the plaintiff afterwards, and before this suit, requested the defendants to assign such judgment to him, for the purposes aforesaid, and did everything on his part, and everything necessary happened, to entitle him to have such assignment; and that the defendants refused to assign the same. The defendants pleaded that, before the plaintiff paid the said sum of 291. 9n. 3d., or any part thereof, as in the declaration mentioned, and while the said judgment was wholly unsatisfied, they the defendants, for having execution of the said judgment, sued and prosecuted out of the said Mayor's court of London a writ called a capias ad satisfaciendum, being the said execution in the said declaration mentioned, upon the said judgment, against the said Thomas Gray, Edward Stratton Batchellor (the plaintiff), William Davies, Edwin Chance, James Freeman, George Sharp, Joseph Odell, Thomas Hunt, Harry Ward Astbury, and [545] Jonah Milner, directed to Christopher Fitch, serjeant-at-mace, or to any other serjeant-at-macu, &c., whereby the said serjeant-at-mace was commanded to take the said Thomas Freuman, the said Edward Strattou Batehellor (th(j plaintiff as aforesaid), William Davies, Edwin Chance, .James Freeman, George Sharp,;Joseph Odell, Thomas Hunt, Harry Ward Astbury, and Jonah Milner, if they should'be found within the liberties of the city of London, and them safely keep so that the said serjeant-at-mace, &c. might have their bodies there in court without delay, to satisfy the said defendants as well a certain debt of 301 which the said defendants lately in the Queen's Majesty's court holdeu before the mayor and aldermen in the chamber of the Guildhall of the said city of Louclon recovered against the said Thomas Gray, the said Edward Stratton Batchellor (the plaintiff'as aforesaid), William Davies, Edwin Chance, James Freeeman, George Sharp, Joseph Odell, Thomas Hunt, Harry Ward Astbury, and Jonah Milner, and also 81. 4s. 2d. which in the said Queen's Majesty's court before the said mayor and aldermen, in the chamber of the Guildhall of the said city, were adjudged to the said defendants for their damages sustained as well by detaining the said debt as for their costs and charges about their 9 C. B. (N. 8.) 84*. BATCHELLOR V. LAWRENCE 215 suit in that behalf expended; which said writ, before the delivery thereof to the said serjeant-at-mace, &c. to be executed, as thereinafter mentioned, was duly indorsed with a direction to the said serjeant-at-mace, &c. requiring him to levy the sum of 291. 9s. 3d.; and which said writ so indorsed as aforesaid was afterwards, delivered to the said aerjeant-at-mace, &c. to be executed in due form of law ; by virtue of which said writ the plaintiff, being found within the said liberties of the said city of London, was arrested by the said serjeant-at-mace, &c., and taken by his body, and then, by virtue of the said [546] writ, and of the said i 11 dorsemeiit so made thereon as aforesaid, was kept and detained in custody in...
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