SUPREME COURT. Monday, 6th August, 1849.
Whitaker and Heale v. The Queen. Thb Chief Justice attended this morniug to hear the motion of Mr. Whit >ker upon affidavit for judgment bydefault in this cavie, which was a proceeding brought upon a Writ of jError, coram nobis, to obtain the revocation of a Judgment of this Court, given Bgaimt the plaintiffs, in a suit of s6ir<f fticiai, in which they were the defendant!, on the 1 6th September, 1846, and by which u Crown Grant, issued by Governor Fit z ßoy to the plaintiffs, was set aiide. The error aligned was that the Australian Land Salei Act,, upon which alone the writ of tcirc facias
vrai founded, had been repealed (us to New Zealand) before the writ of scire facias was tued out— although the fact of the repeal was not known in this colony until »fter judgment was given. The Attorney-General appeared on the dny appointed for the alignment of errors, on behalf of the Crown, but declined to plead. . The Chief Jmtice thought the affidavit sufficient. Judgment by default. _
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New Zealander, Volume 5, Issue 338, 7 August 1849, Page 2
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180SUPREME COURT. Monday, 6th August, 1849. New Zealander, Volume 5, Issue 338, 7 August 1849, Page 2
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