Farran v Beresford: HL 30 Aug 1843

The House considered the nature of scire facias, and in particular whether scire facias created a new right, or whether it only operated as a continuation of the original judgment. ‘The present right to receive the same’ was understood by Tindal LCJ, in an opinion adopted by the House of Lords, as ‘an immediate right without waiting for the happening of any future event’.

Lord Brougham
(1843) 10 Cl and F 319, [1843] EngR 994, (1842-43) 10 Cl and Fin 319, (1843) 8 ER 764
England and Wales
Cited by:
CitedHornsey Local Board v Monarch Investment Building Society CA 1889
The local authority had incurred expense in paving a street. They were entitled to apportion those expenses amongst the owners of the properties fronting onto that street and summarily to recover from the respective owners the amounts so . .
CitedGotham v Doodes CA 25-Jul-2006
The former bankrupt resisted sale of his property by the trustee, saying that enforcement was barred by limitation. He and his wife bought the property in early 1988, and he was made bankrupt in October 1988. He was dischaged from bankruptcy in . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 10 December 2021; Ref: scu.244734