If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.

Thank you very much for your support!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Brodie of Brodie v Keith Urquhart of Meldrum. [1784] Hailes 950 (7 July 1784)
URL: http://www.bailii.org/scot/cases/ScotCS/1784/Hailes020950-0624.html
Cite as: [1784] Hailes 950

[New search] [View without highlighting] [Printable PDF version] [Help]


[1784] Hailes 950      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MEMBER OF PARLIAMENT.
Subject_3 A person, after voting for Preses and Clerk, went out of the Court-room to an antechamber, where he waited till he heard his name called, to give his vote for the Member being elected, and, instantly appearing, gave his vote. There being no opportunity previously to put the trust-oath, it was tendered to him immediately after giving his vote, when he refused it, as being out of time. The Freeholders having sustained the vote, the Lords found they had done wrong, and ordered the person's name to be expunged from the roll.

James Brodie of Brodie
v.
Keith Urquhart of Meldrum

Date: 7 July 1784

Click here to view a pdf copy of this documet : PDF Copy

[Folio Dictionary, III. 421 ; Dictionary, 8779.]

In this case the Lords were unanimously of opinion, that wilfully to evade the taking of the oath of trust and possession, was equivalent to the refusing to take it; and therefore,—

On the 7th July 1784, “They sustained the complaint, and ordered the name of Mr Urquhart to be expunged from the roll, and found him liable in L.10 of expenses.”

For the complainer,—Wm. Honeyman. Alt. A. Wight.

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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1784/Hailes020950-0624.html