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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fife v - . [1600] 5 Brn 574 (00 January 1600)
URL: http://www.bailii.org/scot/cases/ScotCS/1600/Brn050574-0662.html
Cite as: [1600] 5 Brn 574
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[1600] 5 Brn 574
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 REDUCTION
Fife
v.
-
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Fife pursued one of her neighbours for damages, for saying that she kept a house of bad fame; her neighbour averred it was true. A proof was allowed, and having proved the fact accordingly, the defender was assoilyied.
In the case of
Provost Hamilton
v.
Rutherford,
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the Court, in the beginning of the cause, did refuse to allow a proof of the veritas convicii. But afterwards, especially when the conclusion quoad the public was passed from, and that the pursuer restricted his libel to damages, they seemed to wish that they had allowed it; but they could not, the interlocutor having become final.
See also 5th December 1738, Gordon, observed by Home; and Blackstone, B. 3, c. 8, § 5, and B. 4, c. 11, § 13.
The electronic version of the text was provided by the Scottish Council of Law Reporting