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Scottish Court of Session Decisions >>
Mr Robert Dundas v Arbuthnot and Hope. [1727] Mor 13922 (28 December 1727)
URL: http://www.bailii.org/scot/cases/ScotCS/1727/Mor3213922-016.html Cite as:
[1727] Mor 13922
False Accusation. - Verbal and real Injury. - Scandal and Defamation. - Does veritas conviti excuse? - Whether a verbal Injury may be retorted by a real one ex intervallo?
Mr Robert Dundas v. Arbuthnot and Hope
Date: 28 December 1727 Case No. No 16.
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A party who, upon a signed information as guilty of forgery, had been committed to prison by the King's Advocate, and had been liberated upon running his letters, no day being fixed for his trial within 60 days, insisting against the informer for damages and reparation; the informer answered, That be acted bona fide, and had good reason to believe the pursuer guilty. Replied, It is more equitable that the damage, which must be borne by one of them, should lie upon the rash accuser, than upon the person wrongfully accused; the one was in an error at least, the other in none. The Lords found the informer not liable in damages. See Appendix.
