Decisions of the Superior Courts of New South Wales, 1788-1899
JUDGMENTS 1831-1836
1831 (25 cases)
Brown v. McLeod 1831: [imprisonment for debt, opposition to - insolvency]
7/6 = 13
Campbell v. Milson 1831: [tenancy - deeds, execution of - remedies, choice of - implied contract]
6/8 = 14
Cassim v. the Mary Ann 1831: [admiralty - ship's crew - master and servant - ship, discipline on - contract, entire]
9/9 = 18
Cokely v. Simpson 1831: [vagrancy - convict rights - convict discipline - convict pass - trespass to the person - false imprisonment - magistrate, action against - supervision of inferior courts - Bushranging Act]
8/9 = 17 (best judgment is the trial charge to jury)
Division of the Legal Profession 1831: [legal practitioners, division of profession]
8/10 = 18
Dissolution of Trusts Opinion 1831: [schools - education law - trusts, dissolution of - letters patent, binding on crown - land law, trusts]
7/8 = 15 advisory opinion
Doe dem. Wentworth; Ainslie v. Collins 1831: [succession, interpretation of will - dower- Wentworth, D'Arcy, will of]
7/8 = 15
England v. McQuoid and Murray 1831: [transportation - assault - false imprisonment - convict escape - habeas corpus - convict, proof of conviction - Bushranging Act - Western Australia - Darling, Governor, attitude to Crown law officers (trespass v case) ]
8/8 = 16
England v. Sandilands 1831: [assault - false imprisonment - damages, nominal - costs, nominal damages and - Western Australia]
8/7 = 15
Hall v. Hely 1831: [taxing of costs - Darling, Governor, attitude to Crown law officers]
7/7 = 14
Hogan v. Hely 1831: [assault - false imprisonment - convict indents - Irish political prisoner -convict, proof of conviction - hulk - magistrate, action against]
8/8 = 16
Howell v. Payne 1831: [vicarious liability - personal injury, assessment of damages - road accident]
5/8 = 13
Jackson v. Hart 1831: [vicarious liability - negligence - trespass to goods - maltreatment of animal - rule of the road - road accident - common carriers]
8/8 = 16
Mackay v. McQuoid and Murray 1831: [trespass to the person - false imprisonment -convict, proof of conviction - hulk - convict punishment - Swan River]
8/8 = 16
McQuoid v. Lord 1831: [fieri facias, against land - Statute of Frauds - conveyancing - auction, conditions of]
8/8 = 16
Mossman v. Warren 1831: [contract, consideration - maltreatment of animals - bailment - negligence - civil procedure, choice of remedies - implied contract - sheep farming]
7/8 = 15
Nixon v. Bartley 1831: [land law, conditional crown grant - promissory note, consideration]
8/8 = 16
R. v. Aglethorpe 1831: [master and servant - ship, discipline on - ship's crew, absence from duty - supervision of inferior courts]
7/6 = 13
R. v. Brown 1831: [maltreatment of animal, crime - indictments, error in]
6/6 = 12
R. v. Farrell, Dingle and Woodward 1831: [felony attaint - convict evidence - appeals, Privy Council - appeals, criminal cases - sentencing discretion, disagreement among judges - death recorded - reception of English law - Legge's Reports]
10/10 = 20
(1831) 1 Legge 5
R. v. Lucas and England 1831: [murder - Parramatta - indictments, error in - autrefois acquit - criminal procedure]
9/9 = 18
R. v. Moore and others 1831: [criminal procedure - indictments, error in - counties - Wollongong]
7/7 = 14
R. v. Rielly 1831: [stealing in dwelling house, defendant's house]
6/7 = 13
R. v Simms and others 1831: [felony attaint - convict evidence - pardon - approver]
7/9 = 16
Smith v. Dower 1831: [mortgage, enforcement of - contracts, interpretation of]
8/8 = 16
1832 (27 cases)
Belcher v. Deneen 1832: [felony attaint - convict, proof of conviction - convict indent - ticket of leave]
8/8 = 16
Bryant v. Kentish 1832: [sale of goods, warranty of soundness - sale of goods, rescission- cheques]
7/8 = 15
Doe dem. Harris v. Riley 1832: [ejectment - tenancy - Court of Civil Jurisdiction, legality of - Court of Civil Jurisdiction, jurisdiction of - Crown prerogative to create courts - succession - trusts, abandonment - trustees, replacement of - Burwood - barristers, seniority between - Chancellor, governor functions as - law and equity, separation of]
7/10 = 17
Earle v. Nowlan 1832: [seduction - damages, appeal against - reception of English law, bastardy]
7/9 = 16
Girard v. Terry 1832: [tenancy - insolvency - reception of English law, bankruptcy]
9/7 = 16
Howe v. Underwood and Robinson 1832: [trusts - succession - land law, title - Crown grant, by Governor Macquarie - Howe, George, property of (marriage settlement)]
7/9 = 16
In re Bunn 1832: [contempt of court - assessors, non attendance by - jurors, non attendance by - trial by jury]
7/6 = 13
In re Hart and Terry 1832: [replevin - bail bonds - fieri facias]
6/7 = 13
In re Mackay v. David 1832: [succession - salvage - Supreme Court, geographical limitson jurisdiction - Supreme Court, jurisdiction of - New Zealand, Supreme Court jurisdiction over]
6/7 = 13
In re Riley 1832: [succession - trusts, permission to sell land - trusts, enforcement by beneficiaries - trusts, beneficiary overseas - Woolloomooloo]
7/8 = 15
In re Stone 1832: [habeas corpus - liquor laws - convict, harbouring - supervision of inferior courts - certiorari (criminal procedure, duplicity)]
7/8 = 15
Lee v. Macqueen 1832: [foreign attachment - set off - entire contracts rule - master and servant - deed, proof of (evidence, absence of witness)]
8/7 = 15
McLeod v. Moore 1832: [evidence, competence of witness - married women's legal disabilities]
7/8 = 15
Moore and Keith v. Macdonald 1832: [insolvency - imprisonment for debt, maintenance -imprisonment for debt, satisfaction of judgment - reception of English law, debt recovery- Supreme Court, Master's insolvency - judgments, when stale - fieri facias]
8/8 = 16
Pendray v. Dangar 1832: [taxing of costs - reception of English law - civil procedure, Court of King's Bench - costs, legal]
7/8 = 15
Pilcher v. Cory 1832: [tenancy, trespass by landlord - arbitration]
8/8 = 16
Portus v. Macqueen 1832: [deeds - agency, power to execute deed - power of attorney -documents, delivery of (discovery?)]
7/7 = 14
R. v. Anderson, Davis and others 1832: [piracy - ship's crew - ship, discipline on - convict ship, strike on - strike - mutiny - industrial action - criminal appeals]
3/3 = 6
R. v. Boatman or Jackass and Bulleye 1832: [Aboriginal defendant - stealing, sheep -Aborigines, mens rea - Aborigines, legal status - Hunter River - Aborigines, annual conference]
10/10 = 20
R. v. Macquoid 1832: [sheriff, liability of - contempt of court, attachment - laches - fieri facias, land - laches]
7/6 = 13
R. v. Mulligan 1832: [forgery and uttering]
7/7 = 14
R. v. Sullivan 1832: [burglary - autrefois acquit - criminal procedure - reception of English law, jury - jury, military, whether a jury]
8/8 = 16
R. v. West 1832: [trespass to land - intrusion on crown land - land law, title, proof of - land law, Crown grant - specific performance - water, right to - adverse possession, Crown land - Woolloomooloo - Vaucluse - Rushcutters Bay]
7/10 = 17 charge to jury
Rapsey v. Singleton 1832: [fieri facias - sheriff, fraud by - taxing of costs - Williams River]
8/8 = 16
Shipman v. Allen 1832: [assumpsit - trover - civil procedure - waiver of tort]
6/9 = 15
Storey v. Storey 1832: [custody of child - married women's legal disabilities - habeas corpus - bastardy]
7/9 = 16
Unwin v. Wood 1832: [insolvency, attorney's costs - costs, legal, and insolvency]
8/7 = 15
1833 (23 cases)
Attainted Jurors Opinion 1833: [felony attaint, right to sit on jury - pardon - trial by jury - reception of English law, capital punishment - capital punishment, abolition of]
8/10= 18 advisory opinion
Attorney General v. Green 1833: [criminal procedure - autrefois acquit - new trial - non suit, cannot apply to Crown]
7/8 = 15
Attorney General v. Smyth 1833: [customs duties - appeals, against jury's verdict - new trial - jury, deciders of law or fact]
7/8 = 15
Blower v. Larkin 1833: [land law, possessory title - tenancy - Prospect - ejectment - land law, adverse possession - dower]
7/9 = 16
Brown, Manager of Australian Company v. Dixon (No. 1) 1833: [warrant of attorney, registration - registration of interests]
7/7 =14
Cain v. Bloomfield 1833: [felony attaint - convict service, assignment of (master's property in work) - work and labour]
7/9 = 16
Dennis v. Solomon and others, executors of Colls 1833: [trespass to land - tenancy - distress for rent - Airds - set off]
8/7 = 15
Doe dem. Unwin v. Salter 1833: [land law, title - ejectment - conveyancing - land law, Crown grant, by Governor Macquarie]
9/10 = 19
Eager v. Levey 1833: [covenant - seal skins - business history - sale of goods, sale by description - damages, assessment of - customs and usages - foreign attachment - damages, expectation]
6/8 = 14
Gilroy v. Mannix 1833: [felony attaint - ticket of leave - retrospective legislation - costs, security for]
7/7 = 14
Harris v. Riley 1833: [tenancy - statute of limitations - Burwood - Court of Civil Jurisdiction, jurisdiction of - equitable jurisdiction, none in early colony - waiver of tort - mesne profits]
7/9 = 16
Loane v. Perry 1833: [land law, title - tenancy - Birchgrove - Balmain]
7/7 = 14
Longeville v. Brigstock 1833: [passenger on ship - agency - privity - warranty, implied - contract, breach of - common carrier - damages, assessment of - damages, for mental distress]
6/8 = 14
Macdonald v. Levy 1833: [usury - reception of English law, usury - reception of English law, attitude of Burton J. - customs and usages - repugnance to English law - Burton J., personal circumstances - Burton J., attitude to New South Wales - Burton J., appointment of - Burton J., attitude to religion]
10/10 = 20
(1833) 1 Legge 39
Martin v. Munn 1833: [ejectment - trespass to land - land law, proof of title - permissive occupancy - damages, nominal - new trial - reception of English law, attitude of Burton J. -jury, judges of law or fact - jury, appeal against verdict - land law, Crown grant - land law, squatting - squatters, title against Crown and others]
9/10 = 19
R. v. Hall 1833: [contempt of court, attachment - contempt of court, press commentary on jury decision - press laws]
8/8 = 16
R. v. Higgins, Fuller, Anderson, Thomas, Belford and Walsh 1833: [mutiny - ship's crew, revolt - piracy - Burton J., attitude to jury - death recorded - ship, discipline on]
7/7 = 14
Rowe v. Wilson 1833: [slander, intention of defendant - damages, contemptuous - appeal against damages - damages, assessment of - damages, in hands of jury alone]
5/9 = 14
Sempill v. Lethbridge 1833: [nuisance, public - trespass - abatement of nuisance - highway, obstruction of - highway, when public - Maitland]
6/6 = 12
Septon v. Cobcroft 1833: [trespass to land - felony attaint - convict indents - convict, proof of conviction - convict rights - married women's legal disabilities, wife of convict - appeals - law reporting]
8/9 = 17
Stephen v. Brigstock 1833: [ne exeat regno - replevin - passenger on ship - evidence, witnesses in England - equity, damages not recoverable - damages, unavailable in equity - law and equity, separation of - detinue - trover]
7/8 = 15
Tomkins v. Smith (No. 1) 1833: [injunction - warrant of attorney - married women's legal disabilities - debts, specialty - waiver of tort - election between remedies]
6/7 = 13
Tunnicliff v. Barrett 1833: [felony attaint, impact on tickets of leave - ticket of leave - convict rights - costs, legal - reception of English law, convict rights - repugnance to English law - judicial notice - convict, proof of conviction]
7/10 = 17
1834 ( 30 cases)
Campbell v. Riley 1834: [succession - trusts, change in nature of property - trusts, sale of realty]
10/10 = 20
Coghlan v. Exhill 1834: [negligence - property damage, by fire]
6/9 = 15
Davis v. Crispe 1834: [succession, interpretation of will - married women's legal disabilities, wife of convict - widows, right of quarantine - dower - bigamy - marriage, convicts remarry in New South Wales - felony attaint]
7/9 = 16
Division of the Legal Profession 1834: [legal practitioners, division of profession - republicanism - America, legal influence of - Forbes C.J., complaint against - legal practitioners, satire of]
9/10 = 19 satirical commentary too
Doe dem. Clark v. Smithers 1834: [ejectment - felony attaint - married women's legal disabilities, wife of convict]
10/10 = 20
Reported as (1834) 1 Supreme Court Reports (appendix) 33
Doe dem. Robinson and Hughes v. Nott 1834: [land law, title - succession - permissive occupancy - primogeniture - ejectment - tenancy]
7/8 = 15
Ellison v. Kirk 1834: [mortgage, foreclosure - equity of redemption, sale of - fieri facias, equity of redemption in land - fieri facias, land - Supreme Court, merger of equity and common law jurisdictions - reception of English law, land law]
10/9 = 19
Ex parte Perkins, in re Dillon 1834: [attorney, lien on costs - costs, legal - discipline of attorneys]
7/8 = 15
Ex parte Wilson, Windeyer and Slade 1834: [trial by jury - magistrates, action against - jurors, emancipists as - malfeasance versus misfeasance - administrative law]
7/8 = 15
Farringdon v. Elder 1834: [bailment, voluntary (duties of) - agency - bushrangers]
5/8 = 13
Girard v. Biddulph 1834: [damages, expectation - steam engine - contract, breach of -damages, appeal against -liquidated damages - quantum meruit - entire contracts rule(remoteness of damage)]
8/10 = 18
Goodwin v. Wilson 1834: [magistrates, action against - summary offences - police, powers of]
9/7 = 16
In re Maher 1834: [certiorari - habeas corpus - convicts, harbouring - supervision of inferior courts]
7/7 = 14
Loane v. Dickson 1834: [concurrent liability, contract and tort - customs and usages - assumpsit]
7/8 = 15
McLean v. Blackett 1834: [negligence - animals - inn keeper's liability - bailment (duties) - common carriers]
7/8 = 15
McLucas v. Hunt 1834: [market overt - sale of goods, implied title - reception of English law, market overt - sale of goods, market overt - Cowpastures]
7/9 = 16
Perkins v. Macdonald and wife, and Jones 1834: [succession - equity procedure]
9/7 = 16
Rapsey v. Riley 1834: [equity, those who seek must give - usury - warrant of attorney]
7/7 = 14
R. v. Beaumont 1834: [receiving stolen goods - Supreme Court, jurisdiction of]
8/9 = 17
R. v. Bridgens 1834: [receiving stolen goods, evidence of - receiving stolen goods, presumption of guilt - Bathurst]
5/7 = 12
R. v. Elliot 1834: [Bushranging Act, renewal - repugnance to English law, Bushranging Act - attempted murder of policeman - sentencing discretion - capital punishment]
10/10 = 20 advisory opinion
R. v. Hall 1834: [criminal libel - legal practitioners, professional confidence - press freedom - law reporting - jury, deciders of law or fact - criminal procedure, delays (grand jury)]
6/9 = 15
R. v. Jackey 1834: [murder - manslaughter - Aboriginal defendant (subjects or not) - Aboriginal land rights - Aboriginal law, recognition of - Williams River - self-defence - Aboriginal evidence - Cape colony, Aboriginal issues - apartheid]
6/10 = 16
R. v. Jenkins and Tattersdale 1834: [murder - separation of powers - criminal procedure- Wardell, murder of - legal practitioners, division of profession - convict escape - approver, evidence by - bushranging - evidence, corroboration - Petersham - Cook's River]
6/8 = 14
R. v. McGregor and Maloney 1834: [murder, elements of - provocation - women defendants in crime - jury of matrons - causation in law - Illawarra- jury, doubts about verdict]
6/8 = 14
R. v. Steele 1834: [land law, title by prescription - land law, Crown land - land law, origin of titles - land law, Crown the beneficial owner since settlement - land law, colonial customs - Legge's Reports - land law, Crown grants, validity of - land law, Crown grants, informality - terra nullius - Aboriginal land rights - reception of English law - Port Phillip - Aborigines, purchase of lands from - Batman, John - squatting]
10/10 = 20 additional advisory opinion at the end
(1834) 1 Legge 65
Smithers v. Hughes 1834: [barter - assumpsit - Statute of Frauds - parol evidence rule - part performance doctrine]
6/9 = 15
Stephens v. Stephen 1834: [jury, challenge to - damages, contemptuous - damages, nominal -libel (one newspaper against another) - press freedom - evidence - costs, legal]
7/8 = 15
Terry, assignee of the Sheriff v. Hart 1834: [fieri facias, procedure - replevin - Supreme Court, jurisdiction of]
6/9 = 15
Thurlow v. Condle 1834: [promissory note, assignment - conversion - chose in action, assignment of - trover, elements of]
9/8 = 17
1835 (20 cases)
Cape v. McIntosh 1835: [false advertising - deceit - auction, false advertising - misrepresentation - Pittwater - reception of English law, deceit - caveat emptor - damages, assessment of, in deceit - estate agent, false advertisement by]
8/9 = 17
Chadley v. Wyatt 1835: [architect, commission of - quantum meruit - assumpsit - contract, divisibility of - entire contracts rule - contract, breach of - work and labour - employment, dismissal from - building - new trial - evidence, view - jury, misbehaviour of]
8/9 = 17
Crabb v. Booth 1835: [personal injury - road accident - Parramatta - contributory negligence - negligence - common carriers - volenti - vicarious liability - Dowling J., opposed by Sydney Herald - Forbes C.J., opposed by Sydney Herald]
7/9 = 16
Dillon v. Terry 1835: [statute of limitations - trusts, delay]
9/9 = 18
Doe dem Hunt v. Grimes 1835: [married women's legal disabilities - land law, adverse possession - ejectment - legal practitioners, professional privilege - conveyancing -customs and usages - land law, title - permissive occupancy - Court of Claims]
6/8 = 14
Doe dem. Manning v. Hipkiss 1835: [tenancy - ejectment - equity - relief against forfeiture]
9/8 = 17
Doe ex diem Antill v. Hodges 1835: [ejectment - land law, adverse possession - permissive occupancy - succession - trusts - reception of English law, land law - conveyancing - land law, title - married women's legal disabilities]
9/9 = 18
Dunbar and others v. Thompson 1835: [arbitration, evidence in - evidence, by parties to action]
8/8 = 16
Ex parte Smith, in re Sheehy 1835: [costs, contingency fees - discipline of attorneys - champerty and maintenance - in forma pauperis - contingent fees - Courts of Requests]
9/9 = 18
Kinnerly v. Bigge 1835: [equity procedure - marriage settlement - trusts - married women's legal disabilities - conveyancing]
10/10 = 20
Long v. Levy 1835: [tenancy, assignment of right to rent - privity]
7/8 = 15
Lucas v. Evans 1835: [bill of exchange - assumpsit, special and common - common money counts]
8/9 = 17
Lyons v. Macquoid 1835: [imprisonment for debt, voluntary escape - sheriff's liability - reception of English law (impossibility), liability of sheriff - counties - negligence, development of]
9/9 = 18
R. v. Collins 1835: [murder - manslaughter - provocation, cooling of the blood - provocation, cuckold - provocation, sexual jealousy - Murrumbidgee River -squatters' runs, isolation - Female Factory - insanity]
9/9 = 18
Salmon v. Leary 1835: [mortgage, covenant to pay - laches]
10/10 = 20
Smith v. Kemp 1835: [medical practitioners, recovery of fees - barristers, recovery of fees - reception of English law, recovery of professional fees]
9/10 = 19
Stephen v. Brigstock 1835: [bill of exchange, failure of consideration - passenger on ship - replevin - pledge of goods - lien on goods]
9/9 = 18
Terry v. Macquoid 1835: [replevin - sheriff's liability - negligence]
8/8 = 16
Terry v. Moran 1835: [fieri facias, priority - debt recovery, priority of writs - execution of judgments, priority]
9/9 = 18
Williams v. Hanson 1835: [felony attaint - ticket of leave]
7/8 = 15
1836 (5 cases)
Hartwell v. Campbell 1836: [covenant, separate liability clause - contracts, interpretation of - injunction - mortgage, power of sale]
8/8 = 16
Opinion on Juries 1836: [trial by jury, emancipists - emancipists, jurors - Sydney Herald, attitude to Forbes C.J. - Forbes C.J., attitude of Sydney Herald towards]
7/10 = 17 This is a series of opinions as to constitutional reform rather than as to their views of law. Not really an advisory opinion
R. v. Hardy 1836: [criminal libel - criminal procedure, necessity for counsel - reception of English law, criminal procedure - barristers, allegation of bias]
7/8 = 15
R. v. Maloney 1836: [bigamy - marriage, legality of Catholic - reception of English law, marriage - Newfoundland]
10/10 = 20
(1836) 1 Legge 74
R. v. Murrell and Bummaree 1836: [Aboriginal land rights - Aboriginal law, recognition of - Aboriginal defendant - Aborigines, legal status - Aboriginal evidence - Forbes C.J.,Sydney Herald's attitude towards - Sydney Herald, attitude to Forbes C.J. - Forbes C.J., departure and retirement of - emancipists, jurors - jury trial, emancipists on juries - Burton J., ambitions of - Dowling J., appointed Acting Chief Justice - Kinchela J., appointment of- terra nullius]
10/10 = 20
(1836) 1 Legge 72
