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Scottish Jury Court Reports
You are here: BAILII >> Databases >> Scottish Jury Court Reports >> Campbell v. Allan. [1820] ScotJCR 2_Murray_365 (14 December 1820)
URL: http://www.bailii.org/scot/cases/ScotJCR/1820/2_Murray_365.html
Cite as: [1820] ScotJCR 2_Murray_365
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SCOTTISH_HoL_JURY_COURT
Page: 365↓
(1820) 2 Murray 365
CASES TRIED IN THE JURY COURT.
No. 53.
v.
PRESENT, LORD CHIEF COMMISSIONER.
Damages claimed for defamation.
An action of damages for defamation, uttered on two occasions.
Defence.—The defender may have made use of improper expressions, when heated with wine, but he wrote an apology.
Moncreiff, for the defender, stated, that the pursuer had been a candidate for a seat in Parliament, and that the supporters of one candidate frequently applied as strong terms to the opposite candidate and his friends: That the defamation was not proved, as the pursuer only called a single witness, and did not call four others who were present. The second instance is disproved.
Lord Chief Commissioner.—This point was determined in the case of Landles v. Gray, 18th July 1816, Vol. I. p. 79; and I
Page: 366↓
You, gentlemen, have heard the evidence and seen the witnesses, and your good sense will, in general, do as much as the experience of a Judge, in discovering where the truth lies. Some of the words in the Issue have been sworn to, and others not. If you think the words proved, you will have to consider the damages, which is entirely with you.
Verdict for the defender.
Counsel:
Clerk, Jeffrey, and
Cockburn, for the Pursuer.
Moncreiff, J. A. Murray, and
Wilson, jun. for Defender.
Solicitors: (Agents, W. Dallas, w. s. and Gibson, Christie, and Wardlaw, w. s.)