Weymouth v Lambert
| Jurisdiction | England & Wales |
| Judgment Date | 19 November 1840 |
| Date | 19 November 1840 |
| Court | High Court of Chancery |
English Reports Citation: 49 E.R. 131
ROLLS COURT
[333] weymouth v. lambert. Nw. 19, 1840. Substituted service of a subpoena to appear ordered in a creditor's suit on one, who, acting aa the attorney of the executor and general devisee and legatee resident in India, had obtained administration here, and had entered into receipt of the rents of the real estate. By his will, dated in September 1828, the testator devised and bequeathed unto William Lambert, of Allahabad, in the East Indies, all his real and personal estate, and appointed him executor. The testator died in November 1838. The executor, who resided in India, sent to his son, who waa resident in England, a letter of attorney to enable him to procure letters of administration, and to receive all monies and give receipts. In April 1839 administration was granted to the son, who took upon himself the receipts and administration of the personal estates of the testator; and on behalf of his father, entered into and was in the receipt of the rents and profits of the real estates, devised by the will of the testator. This was a creditor's suit against the father and son, its object being to obtain payment of the testator's debts out of his real and personal estate. William Lambert was still resident in the East Indies, and his son was resident in this country. The aon having appeared, it was now moved that the service of a subpoena on the son might be good service on the father. Mr. Pemberton and Mr. Dixon, for the motion. Mr. Kindersley, contra, contended that there were no cases in which service on one had been held to be good^service on another, except where a...
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Hope v Hope
...v. Courtney (12 Sim. 140); Luckie v. Fomjth (7 Irish Eq. Rep. 181); M'Loughlin v. M'Loughlin (8 Irish Eq. Rep. 157); Weymauth v. Lambert (3 Beav. .333); Cooper v. Wood (5 Beav. 391); Murray v. Vipart (1 Phil. 521): and it was urged, that, even assuming the order for substituted service to h......
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Johnston v Todd
...time of his death, which took place in or about the month of December 1820." (1) See Kinder v. Forbes, 2 Beav. 503; Weymmth v. Lambert, 3 Beav. 333; Lane v. Hardwcke, 5 Beav. 222; Holhouse v. Courtney, 12 Sim. 140. BBEAV.SM. CATTELL V. SIMONS 631 Peter Marshall was directed to be Plaintiff ......
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Norton v Hepworth
...order, the application was now renewed to the Lord Chancellor. the solicitor-general, in support of the motion, cited Weymouth v. Lambert (3 Beav. 333), Hobhouse v. Courtney (12 Sim. 140), Cooper v. Wood (5 Beav. 391), Murray v. Fipart (1 Phil. 521), Hornby v. Holmes (4 Hare, 306). He also ......
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Thornton v The Portsmouth and Arundel Navigation Company
...in India, had obtained administration here, and had entered into the receipts of the rents of the real estate (Weymouth v. Lambert, 3 Beav. 333); and also on the solicitor of a Defendant residing out of the jurisdiction. Cooper v. Wood, 5 Beav. 391. There does not appear to be any case in w......