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![handle is hein.slavery/ssactsengr0705 and id is 1 raw text is: HUNT V. LEVER
granted till answer and farther order, 28th August 1799. (See the note, 5 Ves.
260.)
Upon affidavit that the Defendant was duly served with the writ of injunction,
but that since, viz. 25th October 1799, he had carried off large quantities of oats
and barley growing from seeds sown since the 25th of March last, also a part of
the dung and compost, it was ordered, 28th November 1799, that upon personal
service of a notice of motion in this cause on the wife of the Defendant, that he
should stand committed for breach of the injunction, the same should be deemed
personal service on the Defendant. On affidavit of personal service of that order
on the wife by delivering to and leaving with her a true copy at Meadow House.
county of Salop (the house demised), and shewing her the original, and that de-
ponent at the same time served her with notice of this motion by delivery, &c..
and that he did explain to her the purport and intent of the said order, the Solicitor
General, for the Plaintiff, moved, that the Defendant might stand committed for
a breach of the injunction.
The Lord Chancellor [Loughborough] made the order.(1)
(1) Lathropp v. Marsh, 5 Ves. 259. Lord Grey de Wilton v. Saxon, 6 Ves. 106.
Ward v. The Duke of Buckingham, cited 10 Ves. 161. Onslow v. --, 16 Ves.
173. As to dispensing with personal service, see Hunt v. Lever, 5 Ves. 147. De
Manneville v. De Manneville, 12 Ves. 203. Clark v. 'Greenhill, 1 Dick. 91. Smith
v. The Hibernian Mine Company, 1 Sch. & Lef. 238.
HUNT v. LEVER. Dec. 16th, 1799.
Service by sending the subpoena to the Defendant under cover to the person, to
whom he had directed his letters to be sent, ordered to be good service.
Mr. Short, for the Plaintiff, moved, that service of the subpena to answer by
sending it addressed to the Defendant, under cover to J. P. Esq. may be good service.
The affidavits in support of the motion stated, that the deponent has been in-
formed and believes, the Defendant frequented The Keys, a coffee-house in Black
Friars' Road; that upon inquiry there he was informed by the daughter of the
person, who kept the house, the Defendant had five or six months past frequented
[148] that house ; but had not since been there ; nor had she since heard of him :
the deponent is informed and believes, he conceals himself to avoid debts ; and
the deponent has seen a letter from the Defendant to the Plaintiff upon the subject
of the suit, desiring him to address his answer to the Defendant under cover to
J. P. Esq.
The Lord Chancellor said, he thought it reasonable ; and made the order. (See
the preceding case, and the note.)
ANONYMOUS. Dec. 16th, 1799.
Biddings opened on advance of £200 upon £3200 : but £100 was held too little.
Mr. Stanley moved to open biddings ; offered an advance of £100 upon £3200.
The Lord Chancellor said, that was too little.
Mr. Stanley then offering £200, it was ordered. (Chetham v. Grugeon, 5 Ves.
86. Upton v. Lord Ferrers, 4 Ves. 700, and the references; and the note, 2 Ves. jun.
55.)
SWEET V. PARTRIDGE. Dec. 16th, 1799.
Under a decree for payment of debts out of cash in the Bank the Accountant General
was ordered to paiy the executor of a creditor by simple contract under a probate
in the diocese, where he had resided, without a prerogative probate ; the sum
being small ; and no bona notabilia out of that diocese.
The Master's report in this cause stated, that the sum of £69, 13s. 8d. was due
to Thomas Wilcocks, blacksmith, one of thecreditors of John Partridge; being
6 M. MXN. 148.](ViewImageLocal?handle=hein.slavery/ssactsengr0705&div=1&collection=&method=preview&ext=.png&size=3)