Watkins, Jameson Pim Company v Walsh

Judgment Date01 January 1939
Date01 January 1939
CourtCircuit Court
(Cir. Ct.),
Watkins, Jameson Pim & Co

Affidavit - Clerical error - Debtor's name - Initial - Sufficiency - Validity of registration - Judgments (Ir.) Act, 1850 (13 14 Vict., c. 29).

An affidavit to register a judgment as a mortgage, on behalf of the plaintiffs, a limited company, was made by the secretary of the company. It stated (1) the name of the defendant to be Mary J. Walsh, which was the name under which judgment had been recovered against her; and (2) by what appeared to be a clerical error in the final paragraph, that the balance due on foot of the judgment was "still due and owing to me"instead of to the plaintiffs. The defendant's full name was Mary Josephine Walsh, and the sum due was in fact owing to the plaintiffs themselves. Held, following Fowler v. FowlerUNK(16 Ir. Ch. Rep. 507) that the registration was valid in the name of Mary J. Walsh; and that the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT