Watkins, Jameson Pim Company v Walsh

• Jurisdiction: Ireland
• Court: Circuit Court
• Judgment Date: 01 January 1939
• Date: 01 January 1939

(Cir. Ct.),

Watkins, Jameson Pim & Co

and

Walsh

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...