[Home] [Databases] [WorldLII] [Search] [Feedback] Superior Courts of New South Wales

You are here: 

Long v Fisher [ 1849 ] NSWSupC 26 (1 May  1849 )

[procedure]

Long v. Fisher

Supreme Court of New South Wales

May  1849 

Source: Sydney Morning Herald, 17 May  1849 , in Supreme Court Collection, Vol. 2, p. 168

LONG v. FISHER.

Mr. BROADHURST, on behalf of the plaintiff, moved that this cause be tried before a Jury of twelve common jurymen; and that the cause be sent down for trial on the 29th of this month---(on Tuesday).

Mr. DOWLING showed cause; and in doing so, said he did not oppose the cause being tried before a Jury of twelve, and if that had only been the object of the motion, no cause would have been shown. But he said he did oppose the Court appointing the 29th as the day of trial, on many grounds; two of which were stated, viz., that the Court was not now sitting in Banco, --- as of Term, for the purpose of entertaining such a motion as this; and secondly, that this Court had no power since the promulgation of the 5th Rule, 25th October, 1848, to order a cause to be tried on any particular day; that rule gave the power to a Judge only.

Having pointed out these two objections, the learned counsel was stopped by the Court, and Mr. Broadhurst was called upon to answer these objections, not being able to do so.

The COURT said the motion must fail, and with costs.