Buchanan v. Rucker

9 East 192 (1808)

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Buchanan v. Rucker

England and Wales High Court of Justice
9 East 192 (1808)

Facts

The plaintiff obtained a default judgment from the island of Tobago after the defendant failed to appear. The summons was served in Tobago on the absent, nonresident defendant by nailing a copy of the summons on the courthouse door. This type of service was provided for in a Tobagan statute that provided that if a defendant was absent from the island, such service was permitted. There was no evidence to show that the defendant was ever in Tobago. The plaintiff filed an action in assumpsit in an English court to enforce and collect on the default judgment in the Tobagan court.

Rule of Law

Issue

Holding and Reasoning (Lord Ellenborough, C.J.)

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