Joule and Others v Taylor
| Jurisdiction | England & Wales |
| Judgment Date | 24 November 1851 |
| Date | 24 November 1851 |
| Court | Exchequer |
English Reports Citation: 155 E.R. 855
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 2 L M & P 615, 21 L J Ex 31 Referred to, Partridge v Elkington, 1870, L R 6 Q B 84
joule and otherh v taylor Nov 24, 1851 -By the 8 & !) Viet c cxlv, the Borough Court of Manchestei is empoweied to tiy "actions of assumpsit, covenant, and debt, and actions of trespass and tiovei, piovided the sum or damages sought to be recoveied shall not exceed 501 By section 52, in actions commenced "for any thing done in pursuance of that Act," notice of action must be given In an action against the ofhcer of the Court foi neglecting to levy, and making a false ictinn to a writ of fieii facias issued on a judgment m debt for 501, and 61 15s 8d damages -Held, that notice of action was necessary, part of the cause of action being for a misfeasance in making a false return - Qiuere, if the action had been foi the nonfeasance only in neglecting to levy, whethei notice of action would have been necessary -Held, also, that the word " sum " in the statute meant " debt" , and that, as the debt sought to be recoveied was 501 only, the Couit had jutisdiction, the damages awaided being merely foi the put pose of cairying costs [S C 2 L M & P (515, 21 L J Ex 31 Refeiied to, farttulge v Elhngton, 1870, L It 0 (J B 84] Case The cleclaiation stated, that the plamtitts hetetofore, to wit, on &c , in the Couit of Kecoid of the Boiongh of Manchestei, recoveied against George G-ambici (i certain debt of 501, being a debt acciued to the plamtitis within the jutisdiction of the said court, and also 01 15s 8d , which in and by the same couit weie adjudged to the plamtitts foi then damages, sustained as well on occasion of the detaining the fcdid debt of 501 as foi then costs and charges, by the said couit theie adjudged to the plaintiffs with then assent The cleclaiation then stated that, the said debt and damages being unpaid, the plaintiffs afteiwards prosecuted out of the said comtawiit pf hen facias directed to the defendant, then and still being and as the seijeant-at-inace of the boiough of Manchestet, and the piopei otticei of the said Couit in that behalf, by which said wilt the defendant was commanded to levy of the goods and chattels of the said G Gambiei the two sums of 501 and 01 15s 8d , that the said wilt so mdors-[59]-ed was aftei wards, to wit, on &c , rlehveied to the defendant, then Lemg such seijeant &c , to be executed in due fonn of Luv Hi each, that although ii leasonable time foi the execution of the said writ had elapsed, and although theie were within the junsdiction of the Couit goods and chattels of G Gambiei, of which jthe defendant might have levied the said money , yet the defendant, not tegarding k&c , did not nor would within a reasonable time &c levy the same monies, or any Jiart thereof, but so to clo has at all times wholly neglected and lefused , and aftei-jwarcls and befoie the commencement of this suit, to wit, on &c , falsely and deceitfully retutned to the said wnt that G Gambler had not any goods and chattels within the jurisdiction of the Court wheieof he could cause to be made the said debt and .damages Second plea That the lecorcl of the Borough Couit of Manchestei was as ,"by consent of the judge, and the awaid of the atbittator 01 aibitiatois, ui umpire, shall be entered as the judgment in the cause, and shall be as binding and eftectual to all intents, as if given by the judge Piovided that the judge may, if he think ht, on .application to him at the hist coutt held aftei the expnation of one week after the ntry of such award, set aside any such awatd so given as afoiesaid, or may, with the jconsent of both parties afotesaid, revoke the reference, 01 ordei anothei lefeience to be made in the mannei aforesaid " (b) Pollock, C B , Paike, B , Aldetson, B , and Mai tin, B '856 JOULE (' TAYLOR 7 EX t u follows...
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