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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Francis Benson, Merchant in London, Petitioner. [1766] Hailes 835 (26 February 1779)
URL: http://www.bailii.org/scot/cases/ScotCS/1766/Hailes020835-0516.html
Cite as: [1766] Hailes 835
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[1766] Hailes 835
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PROCESS.
Date: Francis Benson, Merchant in London, Petitioner
26 February 1779 Click here to view a pdf copy of this documet : PDF Copy
Francis Benson set forth, in a petition, that his character, as a man and as a merchant, has been severely attacked in a case between Mozely and Black, to which he is no party: and he, therefore, craved to be allowed to reply to the aspersions thrown out.
The Lords were of opinion that he who is no party in a cause cannot be received to reply in the cause; but that, if he is incidentally injured, he must seek redress by an incidental complaint.
On the 18th June 1779, “The Lords refused the petition, reserving to the petitioner to apply by way of complaint.”
Act. G. Buchan Hepburn. Alt. Neil Ferguson.
The electronic version of the text was provided by the Scottish Council of Law Reporting