Newton v Grand Junction Railway Company
Jurisdiction | England & Wales |
Judgment Date | 12 November 1846 |
Date | 12 November 1846 |
Court | Exchequer |
English Reports Citation: 153 E.R. 1133
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 16 L. J. Ex. 276. See further, 5 Ex. 330, n.
16;ffl. aw. MO. NEWTON V. THE GRAND JUNCTION RAILWAY CO. 1133 newton t . the grand junction railway company. Nov. 12, 1846.-Interest runs on a judgment-debt, under the stat. I & 2 Viet. c. 110, s. L7, from the time of the entry of the incipitur, and not merely from the final completion of the judgment, after the taxation of costs. [S. C. 16 L. J. Ex. 270. See further, 5 Ex. 330, n.] In last Trinity Term, Jervis obtained a rule calling upon the plaintiff to shew cause why the date of the entry of the judgment in this cause should not be altered fi'om the 6th of January last to the 13th of May instant; and why, upon payment to the plaintiff of the sum of 15221. 13s., the amount of the damages and costs recovered in this cause, all further proceedings should not be stayed. The following facts appeared upon the affidavits :- :- The plaintiff, at the Liverpool Summer Assizes, 1845, recovered a verdict against the defendants in an action on the case for the infringement of a patent, with 1000 damages. A rule was afterwards made absolute to reduce the damages to 200, on payment by the defendants of the plaintiff's costs as between attorney and client, the verdict to stand as security for such payment. On the 6th of January, 1H4G, judgment was signed for 1000, but it was not until the 13th of May that the costs were finally taxed, and the defendants elected to pay the 200 damages, [140] and costs as between attorney and client. The entry or inoipitur of the judgment was in the following form : - "In the Exchequer of Fleas. "Judgment on postea for 1000. "The 6th of February, a.d. 1846. " Lancashire (to wit).-William Edward Newton, the plaintiff in this suit, complains of the Grand Junction Railway Company, the defendants in this suit, who have been summoned to answer the plaintiff in an action on the case. For that w hereaa &c. "Judgment signed 6th February, 1846. " Costs 1322, 13s. " walker," The words "Judgment signed 6th February, 1846; costs " were written by the Clerk of the Judgments, when the judgment was signed, on the 6th February ; the amount of the costs was filled in by the Master oti the 13th of May, after the taxation. The entry in the judgment-book, at the Exchequer of Pleas Office, of the signing of the judgment, was as follows:- "6th February, 1846. t ,. r t...
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