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

Levey v. Shields [1827] NSWSupC 60

foreign attachment, married women's legal disabilities, wife of convict

Supreme Court of New South Wales

Forbes C.J., 28 September 1827

Source: Monitor, 4 October 1827

Levey, v. Shields.  Mr. Rowe moved the Court to dissolve a foreign attachment which had been issued upon a certain sum of money (1,600 dollars) which had been deposited in the Bank of New South Wales in the name of Elizabeth Grimshaw.  The defendant Shields, was a prisoner of the Crown, and had clandestinely left the Colony in Nov. 1825, shortly subsequent to which, the above sum was lodged in the hands of the Cashier of the bank in the name of the said Elizabeth, who was the wife of the said Shields.  The applicant urged, that the money was for her sole use, lodged after her husband's departure, in her name, and therefore not liable to matrimonial responsibilities.

THE CHIEF JUSTICE was of opinion, that the onus probandi was cast upon the woman to shew, that the property in question was clearly, truly, and incontestibly hers, and so acquired, as to exempt it from that liability which the law affixed to the property of a wife.

Published by the Division of Law, Macquarie University