Scottish Court of Session Decisions

Mr Bell, farmer, Glenduckie, sometime ago raised an action of damages against the defenders, the

Page: 170↓

joint procurators-fiscal of Fifeshire, for having obtained and carried through an illegal search of the pursuer's house and repositories in connection with the Dunbog case. In that action, which was compromised, the defenders averred in defence that the statements in the petition upon which a warrant was obtained “were and are true, and were made by the defenders in good faith and on probable grounds.” The pursuer has raised a second action against the defenders, and in reference to the statement in the first action he says that it implies and imports that he had been engaged in a conspiracy against the life of the Rev. Mr Edgar and Mr John Ballingall, and for the purpose of setting fire to their premises, and also that he had been engaged in writing and sending threatening letters. These averments, he now contends, were not relevant or pertinent to the defence of that action, and were, moreover, false and calumnious, and he concludes for £1000 of damages. The defenders pleaded that the pursuer having accepted a settlement of the action in which these statements were made, he cannot now make them the foundation of another claim. To-day the Court refused to sustain this plea, and adjusted issues for the trial of the cause.