The principle upon which the Court acts, in directing substituted service, is to sanction such service as affords a reasonable certainty that the Defendant will know of it.
In a suit by infants, natural-born subjects and out of the jurisdiction, by their next friend, to which their father and mother (the latter being also out of the jurisdiction) were Defendants, service, under an order, of a bill on the solicitor who had acted for the mother in the institution of a suit in the Ecclesiastical Court against the father, waa held to be good service.
The Infants, who were in the mother’s custody, under an agreemento restore them to the father on B given day, which she refused to do, by their bill prayed that they might be restored to their father, to be educated in England. Held, that the Court had jurisdiction to take cognizance of the case, arid would interfere in the manner most for their benefit, provided it could see the mode of enforcing its order.
Incompetency of the Courts in France to modify the legal conditions of marriage of English subjects there resident.
Citations:
[1854] EngR 468, (1853-1854) 19 Beav 237, (1854) 52 ER 340
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 07 May 2022; Ref: scu.293325