The Dean and Chapter of Dublin, - Plaintiffs; The King, - Defendant (in Error)

• Jurisdiction: Ireland
• Court: House of Lords (Ireland)
• Judgment Date: 21 April 1724
• Date: 21 April 1724

English Reports Citation: 1 E.R. 425

House of Lords

The Dean And Chapter Of Dublin

-Plaintiffs

The King,-Defendant (in Error)

Mew's Dig. v. 204; 1 Will. IV. c. 21; 46 & 47 Vict. c. 49, s. 3; Short and Mellor, Cr. O. Proc. p. 63, note (2); Short on C.O.R. r. 136; R.S.C. 1883,, O. 53. Inform. Shortt, p. 414.

Since the statute 9 Ann, c. 20. (s. 2) which allows special pleadings to a mandamus, it seems that a writ of error lies of a judgment thereon, because it is in the nature of an action, and costs are given by the statute for that side which prevails; but upon the award of a peremptory mandamus, a writ of error will not lie, there being no plea to it, and therefore not in the nature of a judgment.

dublin (dean and chapter of) v. r. [1724] i brown. [73] case 7.-the dean and chapter of dublin,-Plaintiffs; the king,- Defendant (in Error) [21st April 1724]. [Mew's Dig. v. 204; 1 Will. IV. c. 21; 46 & 47 Viet. c. 49, s. 3; Short and Mellor, Cr. 0. Proc. p. 63, note (2); Short on C.O.R. r. 136; E.S.C. 1883,, 0. 53. Inform. Shortt, p. 414.] [Since the statute 9 Ann, c. 20. (s. 2) which allows special pleadings to a mandamus, it seems that a writ of error lies of a judgment thereon, because it is in the nature of an action, and costs are given by the statute for that side which prevails; but upon the award of a peremptory mandamus, a writ of error will not lie, there being no plea to it, and therefore not in the nature of a judgment.] 1 Wms. 348. Viner, vol. 9. p. 475. ca. 13. 481. ca. 15. The Dean and Chapter having, for the reasons after mentioned, refused to admit Robert Dowgate, Clerk, to a stall in the choir, and a place and vote in the chapter of the said cathedral church, to which he claimed a right, as Archdeacon of Dublin; a writ of mandamus issued out of the Court of King's Bench in Ireland, in Michaelmas term 1716, directed to the said Dean and Chapter, setting forth, " That the said Robert Dowgate was, by William, Archbishop of Dublin, the true and undoubted patron of the archdeaconry of Dublin, duly collated, instituted, and inducted to the said archdeaconry; that all Archdeacons of Dublin, by letters patent of King Henry VIII. granted to the Dean and Chapter of the cathedral church of the Holy Trinity, Dublin, and by ancient custom hitherto used in the said church, had enjoyed, and ought to enjoy, a stall in the choir, and a vote and place in all chapter acts of the said church, according to the honour and prerogative of their dignity.-But, that the said Dean and Chapter had unjustly denied to the said Robert Dowgate, not only a stall in the choir, but also a vote and place in the chapter, in all...