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

Sampson v Singleton (1830) NSW Sel Cas (Dowling) 852; [1830] NSWSupC 13

costs, legal, imprisonment for debt

Supreme Court of New South Wales

Hearing, March 1830[1 ]

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

[p. 287]

[Where Plaintiff and Defendant agreed to Settle an action and the former accepted a sum of money for all expenses and there being no proof of Collusion to prejudice the Attorney Held that the latter could not detain the Defendant in custody for his costs.]

Sampson v Singleton

The defendant being held to Bail, he and the Plaintiff agreed to settle the action together, which was done, and the Defendant paid the Plaintiff 7£ for all expences there being no proof of allusion to prejudice the attorney, the Court ordered the action which was going on for the Costs to be discontinued on the authority of Chapman v Hall  1 Taunt, 341.

 

Notes

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

Published by the Division of Law, Macquarie University