Date of Decision: 25 Apr 1772
Abstract: This case stems from a disputed election for the Dean of Guild of Cupar in 1766. Both petitioner, Robert Munro, and John Stewart claimed to have won the election. The town council decided that the other candidate, Stewart, had won the election. On appeal to the Court of Session, however, the court determined that Munro had won the election. The court did not award Munro costs and fees related to the litigation. Munro petitioned the town council for reimbursement of his expenses. The town council agreed to make a donation to Munro. A few members of the town council, objecting to this donation, sought to enjoin the payment in court. Munro contends that the Court of Session does not have jurisdiction over the royal burrows with respect to administrative and revenue matters. The opponents maintain that the Court of Session has proper jurisdiction over the matter.
Subjects: Election

Published Report

Not Reported

Litigants

Defender:
John Stewart, Counsellor of the Burgh of Cupar and opponent to Robert Munro in disputed election
John Thomson, Counsellor of the Burgh of Cupar
Alexander Cummin, Counsellor of the Burgh of Cupar
William Young, Counsellor of the Burgh of Cupar
James Scott, Counsellor of the Burgh of Cupar
William Lees, Counsellor of the Burgh of Cupar
George Tod, Counsellor of the Burgh of Cupar
John Baxter, Esq., Provost of Burgh of Cupar
John Bonthron, Baillie of Burgh of Cupar
Primrose Rymer, Dean of the Guild of Cupar
George Peat, Treasurer of the Burgh of Cupar
Pursuer:
Robert Munro

People or Organizations Associated with Case

Advocate for Pursuer:
Andrew Crosbie
Advocate for Defender:
William Craig
Lord Ordinary:
Lord Kennet

Organizations