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| Appeals to the Privy Council from the Caribbean and Canadian Colonies |
| Report No. BAR_1714_04 |
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Barbados |
| Case Name Long |
Isaac Mendez and Moses Mendez v William Rees Battyn (2 appeals) |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.2 [1203] p.680 (24 May 1714 – 31 July 1722) |
| PC Register Citation | Anne v.6 (18 Aug. 1712 – 31 July 1714) p.362, 371: PC 2/84/362, 371 |
| PC Register Citation | George I v.1 (1 Aug. 1714 – 2 March 1717) p.143, 172–173: PC 2/85/143, 172–173 |
| PC Register Citation | George I v.3 (25 Aug. 1720 – 31 May 1722) p.2: PC 2/87/2 |
| PC Register Citation | George I v.4 (1 June 1722 – 25 Aug. 1724) p.78, 81: PC 2/88/78, 81 |
Colonial Courts |
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Governor and Council as a Court of Grievances – 1 Sept. 1713 |
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Chancery – 2 Sept. 1719 |
Participants |
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Battyn, William Rees, respondent |
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Jordan, Edward (guardian of William Rees Battyn) |
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Medina, Jacob De |
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Mendez, Isaac, appellant |
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Mendez, Moses (Abraham), appellant |
Description |
Concerning a debt. |
Disposition |
Both decisions reversed. |
Notes |
Smith (p.378) notes this case as an example where chancery procedure was extended to interstitial common law practice: evidence from the lower case was annexed to the verdict so that the Committee could judge it as a whole. A case entitled Anonymous, 2 P. Wms. 75, 24 Eng. Rep. 646 (P.C. 1722) (memorandum dated 9 August 1722) (view) is said to be Mendez v Battyn by Barry Cahill in “How Far English Laws are in Force Here: Nova Scotia’s First Century of Reception Law Jurisprudence,” University of New Brunswick Law Journal, 42 (1993) 133–153. The date of Mendez makes the attribution plausible but we have not found corroborating evidence. The appellants’ printed case is summarized, with an additional note about the respondent, in Caribbeana: miscellaneous papers relating to the history, genealogy, topography, and antiquities of the British West Indies, ed. Vere Langford Oliver (London: Mitchell, Hughes, and Clarke, 1909–1919), 6:63–64 (view). Moses Mendez is called Abraham Mendez in his printed case. It is possible that both the APC and the printed case are, in some sense, right and that one name is his given name and the other his patronymic. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Mendez v Battyn) |
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DOCUMENTATION |
Printed Cases |
| Appellant’s case | Case of the appellant (Isaac and Abraham Mendez v William Rees Battyn) |
| Counsel | Not signed |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36216 f.8r–9v (Manuscript date on dorse with note: “At the Committee 25 July 1722. Revs’d on the point of want of Equity.” One manuscript note and one underlining.) |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |