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Decisions of the Superior Courts of New South Wales, 1788-1899

Harris v Cubitt [1805] NSWKR 6; [1805] NSWSupC 6


Court of Civil Jurisdiction

  Atkins J.A., 9 November 1805  

Source: Sydney Gazette , 10 November 1805 [1]

The Court of Civil Jurisdiction continued its sittings last week; and yesterday called the cause JOHN HARRIS Esq. against Daniel Cubbitt, for defamation, wherein the plaintiff laid his damage at 10l. declaring his only object to be that of defending his character as a Gentleman and a Magistrate from slanderous and malevolent imputation; for that although the sentiments of the Bench of Magistrates upon the malicious and highly ungrateful conduct of the defendant was to him thoroughly satisfactory, yet they had thought proper to recommend this action to be brought; and he trusted that inconsiderable as the amount of damage sued for must appear when opposed to the cause of action, the Verdicts of the Court would impress upon the minds of the defendant that sacred veneration in which character is held by the British Jurisprudence. _ the defendant having on a former day pled Not Guilty , and signified an intention to defend the action, prayed [?] of the Court which was granted. He this day [?] further indulgence, which was objected to: but by the acquiescence of the plaintiff again obtained until Saturday next, to which day the Court adjourned.


[1] See also CCJ minutes, 16 November 1805, 2/8148.

Published by the Division of Law, Macquarie University