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

Lord v Kent (1830) NSW Sel Cas (Dowling) 465; [1830] NSWSupC 38

reception of English law, procedure, warrant of attorney

Supreme Court of New South Wales

Hearing, June 1830[1 ]

Source: Dowling, Select Cases, Vol. 2, Archives Office of New South Wales, 2/3462

[p. 328]

[Where a defendant executed a warrant of Attorney whilst in prison without the presence of an Attorney in his behalf the Court set aside the Judgment and execution thereon with costs.]

Lord v Kent

The defendant had executed a warrant of Attorney to the Plaintiff whilst he was in custody of a Sheriffs officer in the presence of the Plaintiffs Attorney, but without an attorney being present on the part of the Defendant.  A motion was made to set aside the Judgment entered up and the execution taken out with costs for this objection.  Keith shewed cause.  Chambers contra was stopped

Per Curiam By the rules of this Court, by the practice of the profession and by the rules and practice of the Court of Westminster Hall which must govern this Court unless otherwise [p. 329] altered by our rules, an Attorney should have been present on behalf of the Defendant at the time of executing the Warrant of Attorney.

Rule absolute with Costs

 

Notes

[1 ] From its position in the notebook, it is likely that this hearing was held in June 1830.

 

Published by the Division of Law, Macquarie University