Westby v Westby and an Act of the 3 & 4 Vict. c. 82, an Act for Further Amending the Act for Abolishing Arrest on Mesne Process in Civil Actions
| Jurisdiction | England & Wales |
| Judgment Date | 29 April 1852 |
| Date | 29 April 1852 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 1223
HIGH COURT OF CHANCERY
See Clarke v. Clarke, 1873, L. R. 3 P. & D. 59.
5DEG.&SM. 516. WESTBY V. WESTBY 1223 [516] westby v. westby.(!) And in the Matter of an act of the 3 & 4 vict. C, 82, an Act for Further Amending the Act for Abolishing Arrest on Mesne Process in Civil Actions. April 29, 1852. [See Clarke v. Clarice, 1873, L. E. 3 P. & D. 59.] The petition of a Defendant had been dismissed with costs to the infant Plaintiffs. A subpoena andfi.fa. were issued, but the Defendant was in Paris, and no effects could be taken. A commission of sequestration was then issued, under which the sequestrators obtained monies which, by orders of Court, were paid in the cause to "The Sequestration Account," and were invested in consols. Upon the petition of the infant Plaintiffs the stock standing to " The Sequestration Account" was ordered to stand charged with payment to them of the taxed costs and interest, from the date of the Master's certificate, unless the Defendant should, within one month, shew cause to the contrary. Service on the Defendant's solicitor in England to be good service. There were two suits of Westby v. Westby for administration of the estate of George Westby, deceased. This was the petition of the infant Plaintiffs in one of these causes (the other being stayed), by their next friend ; by which it was stated that, by an order in this cause, dated the llth of February 1848, made on the petition of the Defendant, Mary Westby, her petition was ordered to stand dismissed, with costs; and it was referred to the Taxing Master to tax the Plaintiffs their costs, which were ordered to be-paid by the Defendant, Mary Westby, to the Plaintiffs.; that these costs had been taxed at the sum of .14, Is. 6d.; but that therein was included the sum of 1, 2s. 6d. for a subpoena for the recovery of the costs, which was to be deducted if the costs should be paid without subpoena, whereby the amount of such costs would be reduced to 12, 19s.; that the Taxing Master's certificate was dated the 8th of March 1848; and that a writ of subpoena had been issued, for the purpose of serving the same on the Defendant, Mary Westby; but that, in consequence of the Defendant, Mary Westby, being resident out of the jurisdiction of this Court, she could not be served; and it...
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