Fisher v Dudding
| Jurisdiction | England & Wales |
| Judgment Date | 12 June 1841 |
| Date | 12 June 1841 |
| Court | Court of Common Pleas |
English Reports Citation: 133 E.R. 1131
IN THE COURT OF COMMON PLEAS
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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