Source: House of Lords Journal lxiii 302-305
Date:
9 March 1831

Pluck v. Digges & White, in Error.

Whereas this Day was appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error brought into this House on the 9th Day of February 1829, wherein Patrick Pluck is Plaintiff, and Montgomery Digges and Thomas White are Defendants, in order to reverse a Judgment given in the Court of Exchequer Chamber in Ireland for the said Defendants, affirming a Judgment of the Court of Common Pleas in Ireland, Counsel were accordingly called in to be heard; and Counsel appearing for the Plaintiff in Error, (none appearing for the Defendants,) he was heard to argue the Errors assigned upon the said Writ of Error; and having prayed a Reversal of the said Judgment, the Counsel was directed to withdraw; and due Consideration had of what was offered:

Judgments Reversed:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgment given in the Court of Exchequer Chamber in Ireland, affirming the Judgment given in the Court of Common Pleas in Ireland, be, and the same is hereby Reversed; and that the Judgment given in the said Court of Common Pleas in Ireland be, and the same is hereby also Reversed; and that the Verdict given by the Jury in this Case be, and the same is hereby vacated and annulled. The Tenor of which Judgment, to be affixed to the Transcript of the Record, is as follows:

Tenor:

"On which Day, before Our Lord the King and the Peers in the same Court of Parliament now here at Westminster, in the said County of Middlesex, assembled, come the Parties aforesaid, by their Attornies; Whereupon all and singular the Premises having been seen, and by the said Court of Parliament here fully understood, and as well the Record and Proceedings aforesaid, as the several Matters before assigned for Error, being diligently examined, and mature Deliberation thereupon had; It appears to the said Court of Parliament now here, that the Judgments before given are erroneous: Therefore it is considered and adjudged by the same Court of Parliament, that such Judgments be, and the same are hereby accordingly Reversed; and that the Record aforesaid, and also the Proceedings aforesaid in the same Court of Parliament had in the Premises, be remitted by the same Court of Parliament to the Exchequer Chamber of that Part of the United Kingdom of Great Britain and Ireland called Ireland."