Skegg v Simpson
| Jurisdiction | England & Wales |
| Judgment Date | 27 July 1848 |
| Date | 27 July 1848 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 203
HIGH COURT OF CHANCERY
[454] skegg v. simpson. July 27, 1848. Upon a motion ex parte, substituted service of an order, directing a Defendant to transfer a sum of money into Court before a specified day, was ordered to be made on the Defendant's solicitor in the cause, upon an affidavit of ineffectual attempts to serve the Defendant, and of ineffectual inquiries for him by application at his residence and to his solicitor, and of other facts shewing that the Defendant was keeping out of the way to avoid service, and on an affidavit of the witness's belief to the same effect, and of the inability of witness to serve the Defendant within the time limited by the order. By an order in this cause, dated the 8th of July 1848, it was ordered that T. J. Simpson, one of the Defendants, should, on or before the 5th of August then next, transfer into Court 400 Bank 3 per cent, annuities. The order was made upon a motion on which the Defendant appeared by counsel. Mr. C. M. Roupell now moved ex parte for an order that service of the order of the 8th of July 1848 Mr. Simpson's solicitor might be good service on Mr. Simpson. The clerk to the Plaintiff's solicitor stated, in an affidavit made by him in support of this motion, that on the 22d of July he went to the house of this Defendant, ISfo. 20 Wilson Street, in the county of Middlesex, for the purpose of serving the Defendant with a copy of the order of [455] the 8th of July 1848, when, on inquiring for the Defendant, he was informed by a female residing in the house of the Defendant that he was not at home, and that she did not know where he was, but she believed he was at Brighton ; that Eliza G., of No. 20 Wilson Street, who described herself as (1) The reporters have been informed that a memorial was presented to the Lords of the Treasury, who considered that they had no authority to issue any new certificate. 204 SKEGG V. SIMPSON 2DEG.*SM.6. housekeeper to the Defendant, having in an affidavit, made on the 20th of July then instant, in another matter depending in the Court, wherein this Defendant was a party, stated that the Defendant had left his house in Wilson Street on the 14th of that month to go to Margate for the benefit of his health, and that she did not know where to address a letter to him until the 20th; that the deponent had thereupon desired to see the said Eliza G-., that he might obtain from her the address of the Defendant, when he was...
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Griffiths v Cowper
...Plaintiffs did not even attempt to shew that they had endeavoured to find the Defendant before coming to the Court. [STcegg v. Simpson (2 De G. & Sm. 454) was cited.] the vice-chancellor [Sir John Stuart]. The Court is bound to see that the decree is properly worked out, and, if there is an......