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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain James Cunningham v David Blair, Minister at Brechin. [1764] 5 Brn 490 (00 January 1764)
URL: http://www.bailii.org/scot/cases/ScotCS/1764/Brn050490-0512.html
Cite as: [1764] 5 Brn 490
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[1764] 5 Brn 490
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 INTERDICTION
Subject_3 JURISDICTION.
Captain James Cunningham
v.
David Blair, Minister at Brechin
1764 .Click here to view a pdf copy of this documet : PDF Copy
Captain Cunningham brought an action of injury, defamation, and damages against Mr David Blair, minister at Brechin, charging, that Mr Blair, having conceived a most groundless jealousy of his wife, did, to sundry persons, at sundry times and places, falsely charge him as an adulterer. Mr Blair's defences were three:—1st, The incompetency of the Court to injuries merely verbal, prima instantia; 2dly, He stated defences in causa; 3dly, He pleaded compensatio, in regard of a publication against him by Captain Cunningham, entitled Tartuffe, &c. The Court, 1764, sustained the defence, and assoilyied, and found expenses due. The action was sustained as competent before this Court, but the defence was sustained also.
The electronic version of the text was provided by the Scottish Council of Law Reporting