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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Basil Heron v John Sime. [1771] Hailes 401 (14 February 1771)
URL: http://www.bailii.org/scot/cases/ScotCS/1771/Hailes010401-0204.html
Cite as: [1771] Hailes 401
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[1771] Hailes 401
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MEMBER OF PARLIAMENT.
Subject_3 Infeftment taken in virtue of a clause of union and dispensation in a Crown-charter.
Date: Captain Basil Heron
v.
John Sime
14 February 1771 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, V. 219; Dictionary, 8684.]
Hailes. Once I had the same doubts as the freeholders; but the judgment of the House of Lords, in the Forfar cases, has silenced, if not convinced me.
Monboddo. I am both silenced and convinced.
President. I wish I was convinced, for then I should think we had done wrong, and the House of Lords right; whereas I still think the contrary: but that judgment shall be a rule to me in all election causes. If the same question occurs in a matter of civil right, I shall then deliver my opinion.
Pitfour. In the question as to General Burdens, the House of Lords altered successive judgments of the Court of Session, and the Court of Session followed the rule laid down by the House of Lords. A judgment pronounced by the supreme court upon a neat point of law, must be followed: it makes law.
On the 4th February 1771, “the Lords, having considered the decision of the House of Lords in the Forfar cases, sustained the complaint, and ordered Captain Heron to be added to the roll.”
Act. A. Fergusson. Alt. A. Lockhart.
The electronic version of the text was provided by the Scottish Council of Law Reporting