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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1745/Brn050741-0909.html

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[1745] 5 Brn 741      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

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v.
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Date: 9 January 1745

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The Lords found, That a process of injury, brought against a man for saying that a woman had committed adultery, was not competent before the Sheriff-court, but only before the Commissaries, as being a proper process of scandal relating to a crime cognoscible before the ecclesiastical court; but had it been a case where the soul was not so much concerned, and a pecuniary interest more, they would have found it a verbal injury, and so competent before the civil court.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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