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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Miller v Mitchell [1835] CA 13_644b (7 March 1835) URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0644b.html Cite as: [1835] CA 13_644b |
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Page: 644↓
Subject_Administration of Justice—Interdict—
Interim interdict granted against circulation of a memorial and queries for opinion of counsel printed and alleged to be circulated by one of the parties in a cause depending before the Court.
This was a complaint against Mitchell, late manager of the Western Bank of Scotland, but who had been dismissed by the directors, at the instance of Miller, the present manager on behalf of the bank, for having, pending an action of damages at his instance against them, printed and circulated a memorial and queries submitted by him to counsel, and alleged to contain an unfair statement of the case, and defamatory of certain of the directors. The complaint prayed for interdict and censure, and to have the copies delivered up.
The Court remitted to the Lord Ordinary to prepare the cause;
Complainera Authorities.— Giltillan v. Ure, May 18, 1834, (ante, III. 21); Henderson v. Lalng, Dec, 10, 1824, (Ibid. 384); M'Lauchlan v. Carson, Dec 16, 1826, (ante, V. 147).
Solicitors: Graham and Anderson, W. S.— J. J. Smith, S. S. C.—Agents,