Ireland v. Barr [1904] ScotLR 42_128 (25 November 1904)

The claimant failed to provide evidence of the letting value of the lodgings as required by statute and precedent; therefore, the claim to be registered as a lodger voter could not be sustained.

Citation: [1904] ScotLR 42_128
Parties: Claimant/respondent: Thomas Ireland; Objector/appellant: Alexander Barr
Jurisdiction: Scotland
Judgment Date: 25 November 1904
Procedural Posture: Appeal / Appeal From Sheriff to Court of Session Inner House
Outcome: appeal sustained; claim disallowed
Legal Topics: Parliamentary Election, Lodger Franchise, Voter Registration, Evidence of Letting Value

Election Law Parliamentary Election Lodger Franchise Voter Registration Evidence of Letting Value

Case Brief

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Parties

Thomas Ireland

Claimant/respondent

Alexander Barr

Objector/appellant

Procedural Posture

Appeal / Appeal From Sheriff to Court of Session Inner House

Legal Issues

1 Whether the claimant occupied lodgings separately and as sole tenant of sufficient value to qualify as a lodger voter under the Representation of the People (Scotland) Act 1868.

Ratio Decidendi

The claimant failed to provide evidence of the letting value of the lodgings as required by statute and precedent; therefore, the claim to be registered as a lodger voter could not be sustained.

Court Disposition

appeal sustained; claim disallowed

Orders

Claimant's name to be struck out of the list of voters.