Scottish Court of Session Decisions

Subject_1 MEMBER OF PARLIAMENT.

Sir John Gordon of Invergordon,
v.
Sir John Gordon of Embo, and M'Kay of Bighouse

Date: 12 February 1751
Case No. No. 53.

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Sir John Gordon of Invergordon haying complained of the freeholders refusing to admit him on the roll of electors, and having on our warrant executed his complaint against John Doull, one of the objectors; afterwards John Doull died, and Sir John petitioned again and obtained a new warrant, which he executed against other two objectors, Mr M'Kay of Bighouse, and Sir John Gordon of Embo; for whom it was objected, that the first eomplaint was fallen by John Doull's death, and the second complaint was more than four months after the Michaelmas court. But we repelled the objection, and the President thought that no new complaint or summons was necessary, and that the first complaint being duly served on one of the objectors was equal as if it had been served on them all, 4th January 1751. But the same having come again before us, where the objection was, iniquity in the division made by the Commissioners of Supply; the Court was forced to determine the objection to our jurisdiction, that they had so carefully avoided in the decision, Sutherland of Swinzie against Sutherland of Langwell, (No. 52. supra;) and they repelled the declinature, and sustained the objection to the division; but the President, who was also of my opinion, had declined himself. (See Dict. No. 79. p. 7345.)