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Noad v Backhouse

Nominate Series English Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date21 July 1843
Date21 July 1843
CourtHigh Court of Chancery

English Reports Citation: 63 E.R. 237

HIGH COURT OF CHANCERY

Noad
and
Backhouse

[529] noad v. backhouse. July 21, 1843. Upon an application for substitution of service of subpoena to appear and answer, on the general solicitor of a Defendant who was out of the jurisdiction, the Court, in the existing state of authorities on the subject, referred the applicant to the Lord Chancellor. Eeceiver appointed of a Government pension, the trustee being out of the jurisdiction. The Defendant, Backhouse, was trustee of a Government pension for the Plaintiff, who some time since filed a bill against him to compel payment of it. To that bill he appeared by Messrs. B. ò & B. as his solicitors; but it was afterwards dismissed against him, the Plaintiff understanding that, if that course were taken, she would receive payment. Upon the Plaintiff again applying for payment, after the dismissal of the bill, the Defendant, through Messrs. B. & B., refused the application, alleging that he could not pay the pension without the consent of some other parties, or the direction of the Court. He afterwards put a stop upon the pension, and went out of the jurisdiction of the Court. The Plaintiff then brought her second bill against the Defendant, and applied to Messrs. B. & B. to accept service. They declined to do so, but promised to write to the Defendant; and, in reply to repeated applications, stated that they had received no instructions from him. Upwards of two months having elapsed since the first application to Messrs. B. & B., Mr. Wigram and Mr. Qsborne, for the Plaintiff, moved that service of subpwna to appear and answer on Messrs. B. & B. might be deemed good service on the Defendant. They cited Anon. (2 Vez. sen. 23); Kinder v. Forbes (2...

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