Appeals to the Privy Council
Report No. ANT_1738_02

Smith v Jarvis

Antigua 

 

Case Name Long

Wavel Smith v Thomas Jarvis

 

Acts of the Privy Council, Colonial Series

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APC Citation  

v.3 [447] p.615–616 (25 July 1738 – 12 June 1739)

 
PC Register Citation  

George II v.5 (1 Oct. 1736 – 4 Sept. 1738) p.601, 608–610, 616: PC 2/94/601, 608–610, 616

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PC Register Citation  

George II v.6 (1 Oct. 1738 – 27 March 1740) p.219: PC 2/95/219

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Colonial Courts

Court of General Sessions of the Peace of Oyer and Terminer and Gaol Delivery in St. Johns, Antigua – 12 Feb. 1733

Court of King's Bench and Common Pleas – 22 July 1735

Participants

Burke, John, esquire

Jarvis, Thomas, respondent

Smith, Wavel, esquire, secretary of the Leeward Islands, appellant

Description

Extortion.

Disposition

Petition granted to bring a writ of error.

Notes

Related to other Privy Council appeals:

Smith v Carlisle – Report No. ANT_1736_01 (APC, v.3 [378] p.502–504)

Smith v Buckley – Report No. STC_1753_02 (APC, v.4 [204] p.198–199).

The Court of Errors in Antigua had refused to hear Smith’s appeal of the judgment of the Court of King’s Bench and Common Pleas because the amount in question was too low. Thus Smith petitioned the Committee for the right to bring a writ of error, then, if necessary, an appeal to the Privy Council. The printed cases and PC 1 documents listed in ANT_1736_01 relate to both cases.

References in Smith, Appeals to the Privy Council from the American Plantations

Table of Cases (Smith v Rex)


DOCUMENTATION

Printed Cases

Appellant’s
case

Case of the appellant (Wavell Smith and Savile Cust)

Counsel

J. Strange; Will. Noel

 
Library

Hamilton College Library: (Beinecke Lesser Antilles Collection) Rare Book Room – Beinecke Oversize – JV1076.S45 1739 (Printed date on dorse 16 July 1738 with manuscript notes. Additional minor manuscript notes/corrections; no underlining)

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Library

University of Michigan. William L. Clements Library: (Antigua collection, 1719–1739) Box 1 (Only the first two pages of the manuscript are included)

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Privy Council Documents in PC 1 at The National Archives at Kew

TNA Document See the related PC 1 documents listed in ANT_1736_01.