Scottish Court of Session Decisions

The defender Weir was tenant of the farm of Wester Mugdock, and for several years the pursuer Logan, as yearly tenant, had held from him the dwelling-house, byre, and stable, with an acre and a half of grass. On the 9th August 1867, as was averred, the defender granted a holograph missive of lease to the pursuer, for the remainder of his own tack. Thereafter he raised an action of removing against the pursuer in the Sheriff-court of Stirling, averring inter alia that the missive of lease founded on by the pursuer was not in his (Weir's) writing. In this action he was successful, and Logan thereupon raised an action of suspension in the Court of Session. In this action a minute was lodged on behalf of Weir, consenting that the case should be disposed of on the footing that the missive of lease was his holograph writ. The Lord Ordinary ( Mure) suspended, and Logan thereupon raised an action of damages against Weir, on the ground of judicial slander, the said slander being contained in the statement that the missive of lease was not in his writing, whereby he implied that Logan had either forged it, or used it knowing it to be forged. The issue sent to the jury was as follows:—“Whether the said statements and pleas, or any part thereof, are of and concerning the pursuer, and falsely and calumniously represent that the pursuer had, in the said processes, used and founded on the missive of lease No. 11 of process, knowing the same, or the signature adhibited thereto, to be forged or fabricated, and were maliciously inserted in the said condescendence and answers, to the loss, injury, and damage of the pursuer.” The jury found for the pursuer, and the defender moved for a rule for a new trial.

At advising—