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

Bryan v. Polack (No 1) [1842] NSWSupC 7

evidence - undue influence

Supreme Court of New South Wales

Dowling CJ, Burton and Stephen JJ, 7 May 1842

Source: Sydney Herald, 10 May 1842

            Mr. Windeyer in this case shewed cause against a rule which had been obtained on a previous day for an attachment against a party named Henry and his wife, on the ground that the latter had, at the instigation of her husband, failed to attend as a witness on the trial, then being able to give material evidence in the cause.  

            It appeared that the action had been brought by the plaintiff to recover damages for the seduction of his daughter by the defendant. She had since married with the party named Henry, and it was alleged that the husband had used undue influence to keep her from attending at the trial, in consequence of which it could not be proceeded with. On the other hand it was alleged that no such improper influence had been used, and that in fact the evidence of Mrs. Henry was not material in the cause.

            The CHIEF JUSTICE said, that it was too common for witnesses to take upon themselves to decide whether or not their evidence was material, in consequence of which suitors were frequently greatly injured, and therefore an attachment should issue.

Published by the Division of Law, Macquarie University