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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Convener and Trades of Aberbrothock, v The Magistrates and Council. [1740] Mor 16513 (1 July 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor3716513-030.html
Cite as: [1740] Mor 16513

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[1740] Mor 16513      

Subject_1 VIS ET METUS.

Convener and Trades of Aberbrothock,
v.
The Magistrates and Council

Date: 1 July 1740
Case No. No. 30.

Force or fraud used to keep away a member from an election.


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It was the unanimous opinion of the Court, though there was no occasion to give direct judgment upon it, that as the keeping away a member of a town-council from the meeting by force will void the whole proceeding, so keeping one away by a fraudulent combination, though without force, but with an apparent design to carry an election, will have the same effect.

Kilkerran, No. 1. p. 591.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor3716513-030.html