Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v - . [1745] 5 Brn 742 (10 February 1745) URL: http://www.bailii.org/scot/cases/ScotCS/1745/Brn050742-0912.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: -
v.
-
10 February 1745 Click here to view a pdf copy of this documet : PDF Copy
The Lords found, That, in a squabble, the party who was the first aggressor or provoker, though heartily belaboured, was not entitled to damages, nor even to the expense of the process. Or, supposing it was not clear who was the aggressor, yet the Court seemed to be of opinion, that where there was mutua pugna there was nulla pæna.
The electronic version of the text was provided by the Scottish Council of Law Reporting