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Scottish Court of Session Decisions >>
Gordon of Newhall v Johnston [1767] Mor 8861 (17 February 1767)
URL: http://www.bailii.org/scot/cases/ScotCS/1767/Mor2108861-239.html Cite as:
[1767] Mor 8861
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION VI.
Summary Complaint to the Court of Session.
Subject_3 SECT. I.
Who must be called in a Summary Complaint. - Service of a Complaint. - To whom Competent. - Within what time Competent. - Whether a separate Complaint must be preferred by each Complainer.
Gordon of Newhall v. Johnston
Date: 17 February 1767 Case No. No 239.
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William Gordon of Newhall claimed to be enrolled as a freeholder of Cromarty; and being refused, complained to the Court of Session upon the statute. Mr William Johnston was enrolled at the same meeting; and Mr Gordon complained of his enrolment. Waving the merits, Mr Johnston pleaded, That the complaint was incompetent, in respect Mr Gordon did not then stand upon the roll. The Court appointed an answer upon the merits of the complaint; after which they took up Mr Gordon's first complaint, and having ordained him to be inrolled, repelled the preliminary objection, that he was not upon the roll, in respect of their previous interlocutor, by which his title to be upon the roll was sustained. See Appendix.
