Fisher v Dudding

JurisdictionEngland & Wales
Judgment Date12 June 1841
Date12 June 1841
CourtCourt of Common Pleas

English Reports Citation: 133 E.R. 1131

IN THE COURT OF COMMON PLEAS

Fisher
and
Dudding

S. C. 3 Scott, N. R. 516; 9 D. P. C. 872; 10 L. J. C. P. 323.

[238] fishee v. dudding. June 12, 1841. [S. C. 3 Scott, N. K. 516 ; 9 D. P. C. 872 10 L. J. C. P. 323.] The time of entering of the judgment, from which period interest is given on the judgment debt by 1 & 2 Viet. c. 110, s. 17, is the day on which judgment is signed in the master's book, and not the day on which the roll is carried in and the judgment entered of record. - So, although the entry in the master's book has been amended upon a revision of the taxation of costs, the original date of the entry in the master's book remaining unaltered. On the 8th of January 1841, on which day final judgment had been signed for 301. 15s. 6d. as the amount of debt and costs, a summons was taken out to review the taxation of costs. The learned judge before whom the summons was returned, referred the parties to the court; and, in the result a further sum of 121. 10s. was allowed for costs. On the 20th of May, the 121. 10s. was added by the master to the .amount ; but no alteration was made in the date of the allocatur, and the judgment in the master's book then stood as a judgment, for 6431. 5s. 6d., of the 8th of January. On the same 20th of May, the total amount of the debt and of the costs so increased, was paid and received, without prejudice, the plaintiff claiming interest on the 6431. 5s. 6d. from the 8th of January. Goulburn Serjt. now moved for a rule, calling upon the plaintiff to shew cause, why satisfaction should not be entered on the record, the sum recovered by the judgment having been paid. Bompas Serjt. shewed cause in the first instance (vide post, 242 (J)). By the act for the abolition of imprisonment for debt (1 & 2 Viet. c. 110), it is enacted, sect. 17, " That every judgment debt shall carry interest, at the rate of 41. per centum per .annum, from the time of entering up the judgment, - or from the time of the commencement of this act in cases of judgments then entered up, and not carrying interest, - until the same shall be satisfied, [239] and such interest may be levied under a writ -of execution on such judgment." Here, the plaintiff is entitled to interest from the 8th of January. From the moment at which the amendment was made, the allocatur must be looked upon ,as (5) And see Hayes on Conveyancing, 5th edit. vol. ii. p. 246. 1132 FISHEK V. PUDDING 3MAN.&G.240, if originally entered in...

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8 cases
  • Parsons v Mather & Platt Ltd
    • United Kingdom
    • Queen's Bench Division
    • Invalid date
    ... ... Fisher v. Dudding (1841) 3 M. & G. 239; dictum of Collins M.R. in Borthwick v. Elderslie Steamship Co. Ltd. (No. 2) [1905] 2 K.B. 516, 519, C. A. and Cook ... ...
  • Horan v Quilter
    • Ireland
    • Supreme Court
    • 1 March 2004
    ...RAILWAY CO 1893 AC 429 STEWART ARBITRATION COMMENTARY & SOURCES 2003 92 DEBTORS (IRL) ACT 1840 S27 JUDGMENTS ACT 1938 FISHER V DUDDING 1841 9 DOWL 872 BOSWELL V COAKS 1887 57 LJ CH 101 RSC O.41 r6 NEWTON V GRAND JUNCTION RAILWAY CO 16 M&W 139 HUNT V DOUGLAS (ROOFING) LTD 1990 1 AC 398 K V ......
  • Thomas v Bunn
    • United Kingdom
    • House of Lords
    • 13 December 1990
    ...to the status of a judgment giving rise to a judgment debt under section 17. 22 A long line of cases beginning with Fisher v. Pudding (1841) 9 Dowl 872 and continuing almost 140 years thereafter, most of which cases are referred to in the decision of your Lordships' House in Hunt v. R.M. Do......
  • Yao Essaie Motto and Others v Trafigura Ltd and Another
    • United Kingdom
    • Senior Court Costs Office
    • 29 June 2011
    ...The Court of Common Pleas awarded interest on costs from the date of the incipitur … … (page 406G) That decision [ Fisher v Dudding [1841] 9 Dowl 872] was approved in Newton v Grand Junction Rly Co (1846) 16 M & W 139, a decision of the Court of Exchequer, where Alderson B observed in the c......
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