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Record Series Detail


Series No. 202
Series Title  FILES - APPEALS
Start Date  1 Jan 1867
End Date  -
Contents Start Date  -
Contents End Date  -
Series Description  The files are mostly concerned with appeals from Local Courts or on matters of civil jurisdiction. However, they do include appeals from Courts of Petty Sessions or Courts of Summary Jurisdiction. Files of appeals relating to indictable offences are at Record Series No. 276. (Criminal Appeals).

There are no accompanying registers of early appeals. From 1924 there are indexes to appeals from the lower courts, orders to review, and cases stated. See Record Series No. 311.

The Registers of Full Court Orders (Record Series No. 298) record orders handed down by the Full Court and these may correspond with the files in cases where an order was given. However, there is no direct link and not every case for which there is a file is entered in these registers eg, there is no entry if no order was given, or if the case was struck off, or agreement was reached prior to the hearing, or where the case was discontinued. The files may include the following information:

1. Appellant's costs of appeal. 2. Summons to parties concerned to attend the Judge in chambers on date of appeal. 3. Certified copy of order of judgement - shows case number, plaintiff, appearance, defendant, particulars of claim, amount claimed, special defence, for whom judgement given, amount of judgement, costs, order. 4. Judgement. 5. Affidavits. 6. Entry of appeal. 7. Appeal Book - includes notice of appeal, order, sheriff's interpleaders, summons, affidavit of claimant, notes of evidence etc. 8. Papers for Judges. 9. Notice of Appeal. 10. Praecipe for setting down appeal. 11. Case stated. 12. Motion paper. 13. Entry of an order to review (eg, No. 42/1925). 14. Statement of grounds of appeal (eg, No. 42/1928). 15. Certificate of deposit (money for security of costs of appeal).

The party lodging the appeal is the appellant and the party against whom the appeal is lodged is the respondent. The appellant may be either the plaintiff or defendant in a civil case, or the defendant or the Crown in a criminal case. If the Court of Appeal allows the appeal it is said that the appeal is allowed, and the original decision is reversed. If the appeal is rejected the appeal is said to be dismissed and the original decision affirmed.

Files are generally arranged chronologically and to locate an appeal it is necessary to search files for the period following the original hearing. As mentioned above some appeals may be entered in Registers - Full Court Orders (Record Series No. 298). It is not clear how the fragmented series of registers (Record Series No. 189, Record Series No. 190) relate to the files. Record Series No. 203, Full Court lists, are calendars of hearings of the Full Court.

On Consignment Lists for Cons 3677 and Cons 4491 a file number in brackets after the file title refers to the Civil Writ (Record Series No. 201, Record Series No. 576, Record Series No. 577) or the Appeal number.

Original Format  Files
View Image of typical record in this series  Sorry no digital copy is available for this record series
Arrangement  Numerical
Bridging Aids  -
Copies  -
Series Access Status  Restricted 75 years
 
Current agency responsible 
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Preceding Series 
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Succeeding Series 
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Related Series 
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Controlling Series 
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Controlled Series 
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Activities documented by this series 
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Agencies creating this series 
44 SUPREME COURT OF WESTERN AUSTRALIA 30 Dec 1899 ~   Detail
 
Record Items in this series 
0001 John TULLOCH V Samuel Adams BARKER & Thomas Courthope GULL.Special Case 30 Jun 1867 ~ 7 Aug 1867   Detail
0002 Thomas BIRD V Theodore KRAKOUER.Case on appeal 1 Jan 1869 ~ 24 Apr 1869   Detail
0003 David BLANEY v Barnard Drummond CLARKSON.Case on Appeal 5 May 1869 ~ 30 May 1869   Detail
0004 Edwin William MOOREHOUSE V Edwin Lord BARRINGTON.Case on Appeal 20 Jun 1870 ~ 6 Jul 1870   Detail
0005 Katherine BEDINGFELD v William PATERSON.Appeal 1 Jan 1871 ~ 31 Jan 1871   Detail
0006 John & Walter BATEMAN v Leonard Worsley CLIFTON & Francis LOCHEE. Leave to Appeal 6 Sep 1870 ~ 27 Oct 1870   Detail
0007 Joesph BATT v Joseph BOVELL.Case on Appeal 1 Jan 1872 ~ 7 Feb 1872   Detail
0008 Archibald EDGAR and Richard FOSTER.Appeal from Local Court-York 13 Nov 1872 ~ 31 Dec 1872   Detail
0009 Edwin PADBURY v Thomas DAVIES.Case on Appeal 4 Dec 1872 ~ 31 Dec 1872   Detail
001 Hera V Bell. Judgement 12 May 1874 ~   Detail
0010 David EEDLE and Thomas Campbell CAREY.Case on Appeal 11 Dec 1872 ~ 31 Dec 1872   Detail
0011 William RODWELL v W. A. ATKINS.Case on Appeal 10 Jun 1873 ~ 31 Dec 1873   Detail
0012 Thomas CHESTERTON v George SIMPSON.Case stated on Appeal 14 Jun 1873 ~ 11 Aug 1873   Detail
0013 Henry WOODMAN and James CLAFFEY.Case on Appeal 22 May 1876 ~ 31 Dec 1876   Detail
0014 George PAYNE and James MOORE.Case stated for the opinion of the Supreme Court 14 Sep 1876 ~ 31 Dec 1876   Detail
 

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