Williams v Jones
| Jurisdiction | England & Wales |
| Judgment Date | 22 January 1845 |
| Date | 22 January 1845 |
| Court | Exchequer |
English Reports Citation: 153 E.R. 262
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 2 D. & L. 680; 14 L. J. Ex. 145. Applied, Godard v. Gray, 1870, L. R. Q. B. 148; Schibsby v. Westenholtz, ibid. 159; Harris v. Taylor, [1915] 2 K. B. 591. Dictum considered, Nouvion v. Freeman, 1889, 15 A. C. 8; Emanuel v. Symon, [1908] 1 K. B. 310. Referred to Rousillon v. Rousillon, 1880, 14 Ch. D. 370; Abouloff v. Oppenheimer, 1882, 10 Q. B. D. 300.
[628] williams v. jones. Jan. 22, 1845.-An action of debt lies upon a judg- ; ment of a county court. And the declaration need not state that the defendant . resided within the jurisdiction of the county court, or was liable to be summoned to that court for the debt; it is enough to state that the plaintiff levied his plaint in the county court for a cause of action arising within its jurisdiction. [S.fC. 2 D. * L. 680; 14 L. J. Ex. 145. Applied, Goilard v. Gray, 1870, L. K. (j Q. B. 148; Schibsbyv. ffestenholte, ibid. 159; Harris v. Taylvr, [1915] 2 K. B. Ji91. Dictum considered, Nouvivnv. Freeman, 1889, 15 A. C. 8 ; Emauwlv. Symon, [1908] 1 K. B. 310. Referred to, Roitsillon v. Kousillon, 1880, 14 Ch. D. 370; Abmduffv. dpyenheimer, 1882, 10 Q. B. D. 300.] Debt on a judgment of the county court of Carnarvonshire. The declaration stated, that the plaintiff, on &c., at a county court of the sheriff of the county of Carnarvon, to wit, John Price, Esq., then sheriff of the said county, held at the 13M.&W.629. WILLIAMS V. .TONES 263 county hall in Carnarvon, in and for the said county, and within the jurisdiction of the said court, before D. E. D. and J. R., the free suitors of the said court, came, according to the custom of the said court, by Wm. Lloyd Roberts, his attorney, and then and there, according to the custom of the said court, levied his plaint against the defendant in a plea of debt, for 11. 19s. lid., for a, certain cause of action arising to the plaintiff' within the jurisdiction of the said court; and such proceedings were thereupon had, that afterwards, to wit, on &c., at the county court, to wit, the sixth county court of the said sheriff, held in and for the said county, and within the jurisdiction of the said court, before D. E. D. and J. R., the free suitors of the said court, the plaintiff, by the consideration and judgment of the said court, recovered against the defendant £1 for his said debt, and also 101. 4s. 4d., which in and by the said court, and before the said last-mentioned suitors, were then adjudged to the plaintiff, with his assent, for his damages, &c. Special demurrer, assigning for causes (inter alia), that in law no action lies upon the judgment of an inferior court not of record ; and that it is not stated in the declaration that the defendant was a resident within the said county of Carnarvon, or within the jurisdiction of the said court, or that he had been duly summoned to the said Court, Joinder in demurrer. Pearson, in support of the demurrer. First, an action is not maintainable upon the judgment of an inferior court not of record. An action will no doubt lie upon the [629] decree of a colonial court: Henley \. Sojier (8 B. & C. 1(5 ; 2 Man. & Ky. 153) ; or upon an Irish judgment: Harris v. Saunders (4 B. & C. 411); but it never has been expressly decided that any action...
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