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

In re Hannah Morley [1847] NSWSupC 37


Supreme Court of New South Wales

Stephen C.J., Dickinson and Therry JJ, 12 June 1847

Source: Sydney Morning Herald, 15 June 1847, in Supreme Court Collection, Vol. 1, p. 124


His Honor the CHIEF JUSTICE delivered the judgment of the Court in this matter, stating that they could not find any precedent or statement in the test book to guide them in this case, - where a traverse had been allowed the lunatic and the opposite party had failed to join issue thereon. The Court, however, would now view the case as it presented itself to them when the lunatic prayed that the inquisition be quashed, or that she should be allowed to traverse the inquisition. The latter had been allowed, but the issue had not been joined thereon. As the Court had then the power to quash the inquisition, so it had now, and the Court directed that the same now should be quashed accordingly.

Published by the Division of Law, Macquarie University