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Scottish Jury Court Reports
You are here: BAILII >> Databases >> Scottish Jury Court Reports >> Selkirk v. Rankin. [1819] ScotJCR 2_Murray_128 (14 April 1819)
URL: http://www.bailii.org/scot/cases/ScotJCR/1819/2_Murray_128.html
Cite as: [1819] ScotJCR 2_Murray_128
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SCOTTISH_HoL_JURY_COURT
Page: 128↓
(1819) 2 Murray 128
CASES TRIED IN THE JURY COURT.
DUMFRIES.
No. 21.
v.
PRESENT,
Damages claimed by individuals, members of an incorporation, for defamatory expressions said to have been used against the members of that incorporation.
An action of damages for defamation.
Defence.—A denial of malice, or of having used the expressions, as laid.
“1 st, Whether, on the 28th day of October 1814, or about that time, the defender, when presiding as one of the Bailies of Dumfries, at the roup of the Flesh-market dues of that burgh, did publicly, and in the presence and hearing of a number of his Majesty's subjects, there and then assembled, falsely and injuriously declare, that the said town had been swindled out of their rents and dues for several years, or did use words to that effect; and whether, on said occasion, the said defender
Page: 129↓
2 d, Whether, on said occasion, the defender did falsely and injuriously say, that the said incorporation, or individuals thereof, frequenting said market, were a set of swindling rascals, or did use words to that effect, to the injury and damage of the said pursuer, he being a member of said incorporation, and frequenting said market?
Damages laid at L.1000.”
Jeffrey, for the defender, said, it is difficult to speak seriously of this case. The pursuer has not proved his case; and even if he had, you might find for the defender.
“Verdict for the defender.”
Counsel:
Cockburn and
Whighan for the Pursuer.
Jeffrey and
Maitland for the Defender.