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*The corset case (Weingarten Brothers v. G. & R. Wills & Co.)<ref>{{cite news |url=http://nla.gov.au/nla.news-article208894607 |title=A Delayed Judgment |newspaper=[[The Express and Telegraph]] |volume=XLII, |issue=12,558 |location=South Australia |date=3 August 1905 |accessdate=26 January 2021 |page=3 |via=Trove}}</ref>
*The corset case (Weingarten Brothers v. G. & R. Wills & Co.)<ref>{{cite news |url=http://nla.gov.au/nla.news-article208894607 |title=A Delayed Judgment |newspaper=[[The Express and Telegraph]] |volume=XLII, |issue=12,558 |location=South Australia |date=3 August 1905 |accessdate=26 January 2021 |page=3 |via=Trove}}</ref>
*The Admiralty case (collision between ''Norma'' and ''Ardencraig'')<ref>{{cite news |url=http://nla.gov.au/nla.news-article5067515 |title=The Semaphore Collision |newspaper=[[The Advertiser]] |volume=XLIX |issue=15,170 |location=South Australia |date=1 June 1907 |accessdate=26 January 2021 |page=12 |via=National Library of Australia}}</ref>
*The Admiralty case (collision between ''Norma'' and ''Ardencraig'')<ref>{{cite news |url=http://nla.gov.au/nla.news-article5067515 |title=The Semaphore Collision |newspaper=[[The Advertiser]] |volume=XLIX |issue=15,170 |location=South Australia |date=1 June 1907 |accessdate=26 January 2021 |page=12 |via=National Library of Australia}}</ref>
*The Maslin divorce case<ref>{{cite news |url=http://nla.gov.au/nla.news-article103894219 |title=Maslin Divorce Case |newspaper=[[The Daily Herald (Adelaide)]] |volume=1 |issue=135 |location=South Australia |date=10 August 1910 |accessdate=26 January 2021 |page=6 |via=National Library of Australia}}
*The Maslin divorce case<ref>{{cite news |url=http://nla.gov.au/nla.news-article103894219 |title=Maslin Divorce Case |newspaper=[[The Daily Herald (Adelaide)]] |volume=1 |issue=135 |location=South Australia |date=10 August 1910 |accessdate=26 January 2021 |page=6 |via=National Library of Australia}}</ref>
</ref>
*The [[Mile End (South Australia)|Mile End]] land case (McDonald v. Railways Commissioner)<ref>{{cite news |url=http://nla.gov.au/nla.news-article5246791 |title=Mile End Land Case |newspaper=[[The Advertiser (Adelaide)]] |volume=LII |issue=16,086 |location=South Australia |date=7 May 1910 |accessdate=26 January 2021 |page=9 |via=National Library of Australia}}</ref>
*The [[Mile End (South Australia)|Mile End]] land case (McDonald v. Railways Commissioner)<ref>{{cite news |url=http://nla.gov.au/nla.news-article5246791 |title=Mile End Land Case |newspaper=[[The Advertiser (Adelaide)]] |volume=LII |issue=16,086 |location=South Australia |date=7 May 1910 |accessdate=26 January 2021 |page=9 |via=National Library of Australia}}</ref>
In the High Court, Cleland was involved in the cases of
In the High Court, Cleland was involved in the cases of
*Stephens v. the Tramways Trust (with [[Thomas Shuldham O'Halloran (lawyer)|T. S. O'Halloran]])<ref>{{cite news |url=http://nla.gov.au/nla.news-article204496428 |title=Magill Road Accident |newspaper=[[The Evening Journal (Adelaide)]] |volume=XLV |issue=12539 |location=South Australia |date=29 June 1911 |accessdate=26 January 2021 |page=1 |via=National Library of Australia}}</ref>
*Stephens v. the Tramways Trust (with [[Thomas Shuldham O'Halloran (lawyer)|T. S. O'Halloran]])<ref>{{cite news |url=http://nla.gov.au/nla.news-article204496428 |title=Magill Road Accident |newspaper=[[The Evening Journal (Adelaide)]] |volume=XLV |issue=12539 |location=South Australia |date=29 June 1911 |accessdate=26 January 2021 |page=1 |via=National Library of Australia}}</ref>
*[[John Crozier (politician)|Crozier]] Will case: Crozier v. Wigley (with [[Paris Nesbit]], K.C.)<ref>{{cite news |url=http://nla.gov.au/nla.news-article5135578 |title=[[Crozier]] Will Case |newspaper=[[The Advertiser (Adelaide)]] |volume=LI |issue=15,615 |location=South Australia |date=3 November 1908 |accessdate=26 January 2021 |page=8 |via=National Library of Australia}}</ref>
*Crozier v. Wigley (with [[Paris Nesbit]], K.C.)
*[[South Australia–Victoria border dispute|Disputed boundary South Australia v. Victoria]] (with Sir [[Josiah Symon]], K.C., [[George John Robert Murray|George Murray]], K.C., and Paris Nesbit, K.C.) in which Cleland was sent to London to argue the case before the [[Privy Council of the United Kingdom|Privy Council]].<ref>{{cite news |url=http://nla.gov.au/nla.news-article5793496 |title=The Disputed Boundary Case |newspaper=[[The Advertiser (Adelaide)]] |volume=LVI |issue=17,085 |location=South Australia |date=19 July 1913 |accessdate=26 January 2021 |page=18 |via=National Library of Australia}}</ref>
*[[South Australia–Victoria border dispute|Disputed boundary South Australia v. Victoria]] (with Sir [[Josiah Symon]], K.C., [[George John Robert Murray|George Murray]], K.C., and Paris Nesbit, K.C.) in which Cleland was sent to London to argue the case before the [[Privy Council of the United Kingdom|Privy Council]].<ref>{{cite news |url=http://nla.gov.au/nla.news-article5793496 |title=The Disputed Boundary Case |newspaper=[[The Advertiser (Adelaide)]] |volume=LVI |issue=17,085 |location=South Australia |date=19 July 1913 |accessdate=26 January 2021 |page=18 |via=National Library of Australia}}</ref>
*Kroehn v. Kroehn<ref>{{cite news |url=http://nla.gov.au/nla.news-article103898812 |title=Domestic Infelicity |newspaper=[[The Daily Herald (Adelaide)]] |volume=1 |issue=160 |location=South Australia |date=8 September 1910 |accessdate=26 January 2021 |page=6 |via=National Library of Australia}}</ref>
*Child custody, Kroehn v. Kroehn<ref>{{cite news |url=http://nla.gov.au/nla.news-article103898812 |title=Domestic Infelicity |newspaper=[[The Daily Herald (Adelaide)]] |volume=1 |issue=160 |location=South Australia |date=8 September 1910 |accessdate=26 January 2021 |page=6 |via=National Library of Australia}}</ref>
*Alexander v. Federated Sawmills.
*Alexander v. Federated Sawmills.


Revision as of 02:02, 26 January 2021


Edward Erskine Cleland (7 April 1869[1] or 6 November 1869 – 1 July 1943 ) was a South Australian jurist.

History

Cleland was born in Beaumont, South Australia, the youngest of six sons of John Fullerton Cleland (1821 – 29 November 1901), Registrar-General of Births. Deaths, and Marriages, and Elizabeth Cleland, née Glen ( – 29 November 1901). He was educated at Prince Alfred College and the University of Adelaide, where he was a prominent member of the Law Debating Society.[2] In 1880 he was articled with William Pope (died August 1923) and gained his LLB in 1890 and was called to the Bar the following day (26 April 1890), and was appointed associate to Mr. Justice Bundey soon after. In November 1891 he joined Fenn & Hardy as a partner. On 1 August 1898 he left that firm to join Josiah Symon, K.C. to form Symon, Rounsevell, and Cleland.[3] The partnership, which by then comprised Sir Josiah Henry Symon, Horace Vernon Rounsevell, Edward Erskine Cleland, and Charles James Ballaarat Symon, was dissolved in July 1914, and re-formed as Symon, Rounsevell & Symon, at Gladstone Chambers, Pirie Street, Adelaide. Cleland carried on as barrister and solicitor at Selborne Chambers, also on Pirie Street.[4]

Selected cases

prominent cases in which Cleland was retained include:

  • The cigar case (J. L. Mueller v. the Collector of Customs)[5]
  • The corset case (Weingarten Brothers v. G. & R. Wills & Co.)[6]
  • The Admiralty case (collision between Norma and Ardencraig)[7]
  • The Maslin divorce case[8]
  • The Mile End land case (McDonald v. Railways Commissioner)[9]

In the High Court, Cleland was involved in the cases of

Other interests

Cleland was a member of the

  • Law Society, and served as Vice-President
  • board of the South Australian Football League, and served as chairman
  • board of the Kindergarten Union, and served as chairman[3]

xxxxxxxxxxxxxxxxxxx was a son of the late Mr. J. F. Cleland, a former Registrar-Gene-ral of Births. Deaths, and Mar-riages. He was made a KC in 1912 and elevated to the bench in 1936 after a most distinguished career at the Bar. His career, from the time he entered practice in 1891, was remarkably successful and by 1913 it was reported that he had had easily the highest number of cases before the High Court of any South Australian counsel. Shortly after his appointment as King's Counsel, Mr. Justice Cleland was sent to London by the South Australian Government as one of the counsel in the celebrated boundary dispute appeal between this State and Victoria before the Privy Council. He also appeared before the Privy Council in two other cases. His first partnership was with Messrs. Fenn & Hardy, and the next — one that lasted many years — with Sir Josiah Symon, KC, and Mr. H. V. Rounsevell. The firm had the rare distinction of having two KC's at the one time. Soon after his appointment as King's Counsel, he founded the firm of Cleland. Cleland and Teesdale Smith, with his son. Mr. T. E. Cleland, as a partner. Although Mr. Justice Cleland had a wealth of learning and experience, he was especially highly regarded for his knowledge of the civil side of the Supreme Court and High Court, and figured in a long list of celebrated cases.[14]

He died in an Adelaide private hospital, following a medical procedure. He had been suffering ill-health for some time.

Other interests

Among the positions formerly occupied by him outside of his pro-fession were those of vice-president of the Law Society, chairman of the South Australian Football League, and chairman of the Kindergarten Union.

Family

E(dward) Erskine Cleland (6 November 1869 – 1 July 1943) married Edith Mary Auld (1867 – 25 August 1928) on 12 April 1893. She was the only daughter of W. P. Auld. They had three children:

  • Tom Erskine Cleland (9 March 1894 – ) was an Adelaide lawyer and City Coroner.
  • Isabel Erskine "Bobs" Cleland (1900 – 1963) married Alfred Chambers Lucas (1896 – 1997) in August 1930
  • Audrey Erskine Cleland (10 September 1903 – 1981)

They had homes on East Terrace, Adelaide, and Church Terrace, Walkerville

References

  1. ^ "Family Notices". The South Australian Advertiser. Vol. XI, no. 3270. South Australia. 9 April 1869. p. 2. Retrieved 26 January 2021 – via National Library of Australia.
  2. ^ "Latest news". The Evening Journal (Adelaide). Vol. XIX, no. 5560. South Australia. 13 April 1887. p. 2. Retrieved 26 January 2021 – via National Library of Australia.
  3. ^ a b "A New K.C." The Observer (Adelaide). Vol. LXX, , no. 5, 418. South Australia. 4 January 1913. p. 40. Retrieved 26 January 2021 – via National Library of Australia.{{cite news}}: CS1 maint: extra punctuation (link)
  4. ^ "Advertising". The Advertiser (Adelaide). Vol. LVII, no. 17, 409. South Australia. 3 August 1914. p. 2. Retrieved 26 January 2021 – via National Library of Australia.
  5. ^ "False Description". The Advertiser (Adelaide). Vol. XLIV, no. 13, 348. South Australia. 30 July 1901. p. 5. Retrieved 26 January 2021 – via National Library of Australia.
  6. ^ "A Delayed Judgment". The Express and Telegraph. Vol. XLII, , no. 12, 558. South Australia. 3 August 1905. p. 3. Retrieved 26 January 2021 – via Trove.{{cite news}}: CS1 maint: extra punctuation (link)
  7. ^ "The Semaphore Collision". The Advertiser. Vol. XLIX, no. 15, 170. South Australia. 1 June 1907. p. 12. Retrieved 26 January 2021 – via National Library of Australia.
  8. ^ "Maslin Divorce Case". The Daily Herald (Adelaide). Vol. 1, no. 135. South Australia. 10 August 1910. p. 6. Retrieved 26 January 2021 – via National Library of Australia.
  9. ^ "Mile End Land Case". The Advertiser (Adelaide). Vol. LII, no. 16, 086. South Australia. 7 May 1910. p. 9. Retrieved 26 January 2021 – via National Library of Australia.
  10. ^ "Magill Road Accident". The Evening Journal (Adelaide). Vol. XLV, no. 12539. South Australia. 29 June 1911. p. 1. Retrieved 26 January 2021 – via National Library of Australia.
  11. ^ "[[Crozier]] Will Case". The Advertiser (Adelaide). Vol. LI, no. 15, 615. South Australia. 3 November 1908. p. 8. Retrieved 26 January 2021 – via National Library of Australia. {{cite news}}: URL–wikilink conflict (help)
  12. ^ "The Disputed Boundary Case". The Advertiser (Adelaide). Vol. LVI, no. 17, 085. South Australia. 19 July 1913. p. 18. Retrieved 26 January 2021 – via National Library of Australia.
  13. ^ "Domestic Infelicity". The Daily Herald (Adelaide). Vol. 1, no. 160. South Australia. 8 September 1910. p. 6. Retrieved 26 January 2021 – via National Library of Australia.
  14. ^ "Death of Mr Justice Cleland". The Advertiser (Adelaide). Vol. LXXXVI, no. 26440. South Australia. 2 July 1943. p. 4. Retrieved 25 January 2021 – via National Library of Australia.
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