Williams v Jones

JurisdictionEngland & Wales
CourtExchequer
Judgment Date22 January 1845
Date22 January 1845

English Reports Citation: 153 E.R. 262

IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER

Williams
and
Jones

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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22 cases
  • Lucasfilm Ltd v Ainsworth
    • United Kingdom
    • Chancery Division
    • 31 July 2008
    ...to another, a legal obligation arises to pay that sum, on which an action for debt to enforce the judgment may be obtained.” (Parke B in Williams v Jones (1845) 13 M & W 633. (ii) The point which arises for the English courts is its view of “competent jurisdiction” in this context. This is ......
  • Mercedes-Benz AG v Leiduck
    • United Kingdom
    • Privy Council
    • 24 July 1995
  • New Cap Reinsurance Corporation Ltd ((in Liquidation)) v Grant; Rubin v Eurofinance SA
    • United Kingdom
    • Supreme Court
    • 24 October 2012
    ...one person to another, a legal obligation arises to pay that sum, on which an action of debt to enforce the judgment may be maintained: Williams v Jones (1845) 13 M & W 628, 633 per Parke B; Godard v Gray (1870) LR 6 QB 139, 147, per Blackburn J; Adams v Cape Industries plc [1990] Ch 433, ......
  • Rubin and another v Eurofinance SA and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 October 2012
    ...34 The rationale for that rule is evolving. At first enforcement was founded on the doctrine of comity. Then Parke B. explained in Williams v Jones (1845) 13 M.W. 628, 633: “where a court of competent jurisdiction has adjudicated a certain sum to be due from one person to another, a legal o......
  • Request a trial to view additional results
1 firm's commentaries
  • Enforcement of Foreign Judgments Comparative Guide
    • Australia
    • Mondaq Australia
    • 24 April 2020
    ...English courts accepted that where assumpsit could be pleaded to enforce a judgment, so could an action in debt as per Williams v Jones (1845) 153 ER 262 at 264. By 1883, it had been held that an "action upon a foreign judgment may be treated as an action in either debt or assumpsit: the li......
1 books & journal articles

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