Amlot v Evans and Others

JurisdictionEngland & Wales
Judgment Date23 January 1841
Date23 January 1841
CourtExchequer

English Reports Citation: 151 E.R. 847

EXCH. OF PLEAS.

Amlot
and
Evans and Others

S. C. 10 L. J. ex. 120; 5 Jur. 154.

amlot . evans and others. Exch. of Pleas, Jan. 23, 1841.-Service of a rule to compute principal and interest on a bill of exchange or promissory note, upon one of several defendants, is sufficient, as service upon one is service upon all. [S. C. 10 L. J. Ex. 120; 5 Jur. 154.] Streeten moved to make a rule absolute for computing principal and interest on a promissory note, on an affidavit of service. It appeared that there were four defendants in the action, but the rule had been served upon two only, on which ground the Master had objected to the sufficiency of the affidavit. Streeten contended that the objection was not a valid one, and that it had been so decided in Figgins v. Jfanl (2 C. & M. 424). There, in an action on a promissory note against three defendants, who suffered judgment by default,, it was held that service of tho rule on oae was [463] 848 EVANS V. MANERO 7 M. &W. 464. service on all; and Bayley, B., said-"By...

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