It is no ground for setting aside a distringas, that the affidavit on which it was obtained, states that the calls and appointments were made ‘at the place of residence of the defendant; ‘ or that it states briefly that the defendant has not appeared, without adverting to any search ; or that it does not state when, or where, or whether, the copy of the writ of summons reached the hands of the defendant – Where no objection has been taken to a writ of summons, in which the defendant is described by initials, it is too late to object to the distringas on that ground.
Citations:
[1848] EngR 614 (A), (1848) 6 CB 260
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 11 May 2022; Ref: scu.300164