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Scottish Court of Session Decisions >>
Douglas v Elphinston. [1768] Mor 14075 (10 March 1768)
URL: http://www.bailii.org/scot/cases/ScotCS/1768/Mor3214075-055.html Cite as:
[1768] Mor 14075
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A petition and complaint being given in to the Court of Session, stating various objections to the qualification of one who had been enrolled as a freeholder, the Court sustained one of the objections which regarded the division of the valuation of the lands; and found, That the freeholders had done wrong in admitting the person to the roll; and found it unnecessary ta determine the other objection. This judgment being reversed on appeal, and the freeholder restored to his place on the roll, a petition was given in to the Court of Session, praying the Court to resume the consideration of the other objections which had been formerly stated, but had received no judgment. It was answered, That the Court had formerly pronounced a judgment exhausting the whole cause, and decree thereon had been extracted; so that there was no depending process; the cause was out of Court; and it was incompetent to resume the consideration of any of the other objections. The Lords refused the desire of the petition.
Fol. Dic. v. 2. p. 236. Fac Col.
*** This case is No 53. p. 8649, voce Member of Parliament.
