Scottish Court of Session Decisions

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 LYON-COURT.

Mair
v.
Shand

1778. July .

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The Lords have sustained their own jurisdiction in actions for damages, in the first instance, for verbal injuries, and also for injuries of a mixt nature, verbal and real, also in the first instance, (for, in the second instance, there can be no question.) But Shand having thrown a punch-bowl at Mair in the heat of a dispute, over a glass, and severely wounded him in the head; and Mair having brought an action of damages directly before the Court against Shand; and it being objected that the action was of a criminal nature, and not competent before this Court in the first instance,—the Lord Elliock, Ordinary, 26th February 1777, found so, and dismissed the process. But, on advising a reclaiming petition and answers, the Lords were of a different opinion; sustained their jurisdiction, and found the action competent before them even in the first instance. This cause returned in reviewing the Ordinary's interlocutor giving damages. The Lords, in conversation, seemed to doubt their former interlocutor.