Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 INTERDICTION
Subject_3 JURISDICTION.

David Dunlop
v.
Alison

Date: 27 July 1763

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In an action for damages on account of verbal injury, besides the decisions, Auchenleck against Gordon, 4th March 1755, sustaining such processes competent before the Court of Session, and even before Justices of the Peace; another instance occurred of a mixed nature, both real and verbal:—David Dunlop, merchant in Irvine, brought an action of injury and damages before the Lords, against Alison, late bailie of Irvine ; and the offence charged was, That, when Dunlop was resting at a neighbour's door, Alison came up, and, calling him scoundrel and villain, asked him if it was he who hooted at him,—and this being denied by Dunlop, who averred that he was neither looking at him nor speaking of him, Alison repeated the expression of scoundrel, and clenching his fist before a multitude of spectators, struck Dunlop in the face. There could have been no doubt of the competency of the action, had it been founded on the real injury ; but, being of a mixed nature, as comprehending both a real and verbal injury, which last was supposed competent only before the Commissaries in the first instance,—the competency of the jurisdiction was denied. But the plea was overruled, and the Lords sustained their jurisdiction even in the first instance.

Same, July 1764, Robert Willie, late bailie of Aberbrothick, against John Wallace, merchant there. This was a verbal injury.