Click here to view a pdf copy of this documet : PDF Copy
Where a person, on a sentence of the circuit Justiciary-court, had been convicted of theft by a verdict, and banished, but no judgment had been given on the part of the libel which included damages, an action was brought before the Court of Session for damages, founded on the conviction in the Criminal-court. The Lords sustained the action, and found the sentence of the Criminal-court not to be a res judicata to bar the civil action on the same fact.
