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Unreported Judicial Decisions of the Privy Council, on Appeal from the Australian Colonies before 1850

Campbell v. McArthur [1825]

Court of Appeals

Appeals Committee of the Privy Council, 1825

Appeal from New South Wales

Unreported

Source: PRO PC2/206 Council Register 1824, p. 246, 14 June 1825

New South Wales

Petition of William Campbell

praying to be allowed to

prosecute his Appeal agst.

John McArthur

Referred to Commtee.

            Upon reading this day at the Board the humble Petition of William Campbell, praying, for the reasons therein contained, that he may be permitted to amend his former Petition and Appeal against John McArthur Esqre. from a Judgment of the Court of Appeals in the Territory of New South Wales affirming a Judgment of the Supreme Court there pronounced in a Cause upon a Bill of Complaint filed in the latter Court by the Appellant for the Recovery from the Respondent of the sum of £20,226..5..2 and that he may now be allowed to prosecute the same.  It is Ordered &c.

Source: PRO  PR2/208 Council Register 1827,  p. 79, 5 February 1827

New South Wales

Petn. of Wm. Campbell

Refd. to Comtee.

Upon reading this Day at the Board the humble Petition of William Campbell Praying that his Appeal against John McArthur from a Judgment of the High Court of Appeals in New South Wales of the 16th. of August 1822 may be taken into Consideration notwithstanding the order of Dismissal therein mentioned It is ordered & c at antea.[1]

Source: PRO  PR2/208 Council Register 1827, p. 235, 12 May 1827

New South Wales

Commee Report for dismissing petition of Wm. Campbell v Mc.Arthur

Read the Petition of Wm Campbell stating the dismissal of his appeal against John Mc.Arthur from New South Wales and praying that the same may be entertained notwithstanding such Dismissal.  Counsel for the Petition heard thereupon: their Lordships agreed to report that the said Petition should be dismissed.[2]
 

Notes

[1]         The Index says that this meant "Referred to Committee".

The Appeal Book 1781-1819 (held in the office of the Judicial Committee of the Privy Council) records the following:

[1824]

New South Wales

Wm Campbell v John McArthur Esq

[Received] 24 Feb 1824

[First lawyers' column] Mr Lyon

[Second lawyers' column] Taylor & Roscoe

Petn of Respt. agst the entertaining the said appeal Rx 24 March 1824

[1825]

New South Wales

Wm Campbell v. John McArthur Esq

[Received] 2nd June

[First lawyers' column] Mr Lyons

Petn to rescind order of dismissal

The Appeal Book 1820-1836 (held in the office of the Judicial Committee of the Privy Council) records the following:

From Whence 1827 N South Wales

Parties Willm Campbell v John McArthur

Received 13 Jany

Referred 5 Feby/27

Reported 12 May/27

Appd 23d May 17

Appell Solcr Lyon Barnes & Ellis

Resdt's [blank]

Observations Petition to restore appeal - refused

[2]         There are no Printed Papers for this case.

 

Published by the Division of Law, Macquarie University