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| Appeals to the Privy Council from the Caribbean and Canadian Colonies |
| Report No. WES_1773_00 |
|
West Florida |
| Case Name Long |
Samuel Thomas and Phillips Comyn v John Campbell |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.5 [264] p.378–379 (4 Aug. 1773 – 23 Jan. 1775) |
| PC Register Citation | George III v.10 (Jan. 1773 – April 1774) p.240, 266, 377–378, 396: PC 2/117/240, 266, 377–378, 396 |
| PC Register Citation | George III v.11 (May 1774 – May 1775) p.318–319, 353–358, 374–375, 442–443: PC 2/118/318–319, 353–358, 374–375, 442–443 |
Colonial Courts |
|
Vice Admiralty Court – 2 and 13 June 1772 |
Participants |
|
Bouker, Thomas |
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Campbell, John, esquire, of Pensacole, respondent |
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Clifton, William, chief justice, issued writ of prohibition |
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Comyn, Phillips, appellant |
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Stephenson, John |
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Thomas, Samuel, appellant |
Vessels |
|
Africa (brig) |
Description |
Condemnation. |
Disposition |
Appeal first dismissed for non-prosecution, followed by a writ of prohibition issuing in West Florida against executing the order, but later a further order to the Governor of West Florida to enforce the Vice Admiralty sentence of 13 June 1772. A final entry in the register states that “This order was directed not to be issued without further Directions.” |
Notes |
Smith (p.200) notes this case’s use of a prohibition as an appellate device. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Thomas and Comyn v Campbell) |
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DOCUMENTATION |
Printed Cases |
Not found |
Privy Council Documents in PC 1 at The National Archives at Kew |
| TNA Document | Committee report – 12 Jan. 1775 (PC 1/60/10/1) | view_Document |
| Catalogued as | West Florida: Committee report on memorial of John Cambel complaining of the chief justice of West Florida for having issued a writ of prohibition to stay the execution of an Order in Council of 31 Dec. 1773 for dismissing the appeal of Messrs. Samuel Thomas and Philip Comyns against the memorialist; 23 Feb. read and approved |
| Notes about Document |
Catalogued by The National Archives at Kew. |
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