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

Ex parte Dillon [1838] NSWSupC 21

imprisonment for debt, detainer

Supreme Court of New South Wales

In banco, Dowling C.J., Burton and Willis JJ, 10 March 1838

Source: Australian, 13 March 1838

 

Exparte John Dillon. -- Mr. Windeyer moved for a rule nisi, calling upon the plaintiff in an action Sandwell v. Dillon, to shew cause why the defendant should not be discharged from the custody of the Sheriff on the ground of illegal arrest.  The applicant had been arrested at Port Macquarie, by a special bailiff, upon process sued out in the Supreme Court, in two several actions against him, from which he had been discharged by Mr. Justice Willis, a few days ago, on the ground that the special bailiff had suffered a voluntary escape.  The day after the learned Judge's judgment had been given, and before the written discharge was sent down to the debtor's prison, a detainer was lodged against Mr. Dillon, at the suit of Sandwell, and the question now sought to be raised was, whether Mr. Dillon having been in illegal custody, was not entitled to safe conduct to the place from whence he was arrested before the writ of capias, lodged as a detainer could be executed against his person.  Rule nisi granted, returnable on Saturday next.

Published by the Division of Law, Macquarie University