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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Colonel Skene and William Graham v Mr Cunyngham. [1765] 5 Brn 432 (15 January 1765)
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Cite as: [1765] 5 Brn 432
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[1765] 5 Brn 432
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 DIVORCE FOR ADULTERY.
Date: Colonel Skene and William Graham
v.
Mr Cunyngham
15 January 1765 Click here to view a pdf copy of this documet : PDF Copy
Mr Cunyngham brought a process against his wife on the head of adultery: he was required to condescend upon the persons he suspected to be the accomplices. He waved this as long as he could; at last, he described them by particular marks. The Lords would not accept of this: they compelled him to condescend upon oath, on the names of those he suspected: he did so: in the event, the Lady was assoilyied. The two gentlemen condescended on afterwards brought an action of injury, defamation, and damages, against the husband. He pleaded that the discovery was no voluntary act upon his part; that he was compelled to do it by judgment of the Court; and therefore that an animus injuriandi could not be presumed. The defences were overruled, and he was found liable both in damages and expenses.
In another case,
The electronic version of the text was provided by the Scottish Council of Law Reporting