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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - - v - - . [1756] 5 Brn 840 (6 January 1756)
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Cite as: [1756] 5 Brn 840
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[1756] 5 Brn 840
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: - -
v.
- -
6 January 1756 Click here to view a pdf copy of this documet : PDF Copy
In this case the President declared it as his opinion that a verbal injury, or an abuse committed by one person against another in rixa, was not competent to be judged of by the Commissaries, any more than a blow, or other real injury; because he thought it only belonged to the Commissaries to try matters of scandal or defamation,—which was when one person industriously spread about, by his whispering and tale-telling, a bad report of another. And with the President the majority of the Lords seemed to agree; but as in this case the jurisdiction had been prorogated by consent of parties, the Lords did not find the sentence null, but reduced the fine from L.15 to 40s., and found that the palinodium appointed by the Commissaries was absurd, as words spoken in anger leave no stain upon the character.
The electronic version of the text was provided by the Scottish Council of Law Reporting